Hayward City Council
March 18, 2025

Tuesday, March 18, 2025
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda

March 18, 2025City Council Agenda

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

How to provide live Public Comment during the City Council Meeting:

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/86083894455?pwd=JCsFloPS0IWAUO1K5jFvGgLCeaen5U.1 Meeting ID: 860 8389 4455
Password: CC3/18@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 860 8389 4455
Password: 0170137664

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Syrop

March 18, 2025City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
March 8, 2025
March 18, 2025

PRESENTATION
Women's History Month

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

March 18, 2025City Council Agenda

CONSENT
Approve the City Council Minutes of the Meeting on February 25, 2025
MIN 25-0341.

Attachments: Attachment I Draft Minutes of 2/25/2025
Approve the City Council Minutes of the Meeting on March 4, 2025
MIN 25-0362.

Attachments: Attachment I Draft Minutes of 3/4/2025
Adopt a Resolution Approving the Final Map for Tract 8104, a Residential Subdivision at 123 A Street (Assessor’s Parcel Number 431-0016-088-03), to Allow the Construction of Ten (10) Townhouse-Style Residential Units with Common Open Space Areas and Related Site Improvements; Accepting
Easements Dedicated for Public Use; Authorizing the City Manager to Execute a Subdivision Agreement; and Finding that the Action is Exempt from CEQA Review. Applicant/Owner:

Habitat for Humanity Easy Bay Silicon Valley Inc., Application Nos. PL-2013-00291, PL-2013-00290, and TM-23-0003
CONS 25-0993.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map Tract 8104
Attachment IV Approved Vesting Tentative Map Tract 8104 Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to DC Electric Group, Inc. for the Tennyson Road and Winton Avenue Signal Coordination
Project, Project No. 05342 in the Amount of $184,541, and Approving $55,362 in Administrative Construction Contingency CONS 25-1044.

Attachments: Attachment I Staff Report
Attachment II Resolution

March 18, 2025City Council Agenda
Adopt a Resolution Approving Addendums No. 1, No. 2, No. 3 and No. 4, and Authorizing the City Manager to 1) Award a Construction Contract to Rodan Builders, Inc., for a
Not-to-Exceed Amount of $43,967,000, 2) Amend the Existing Professional Service Agreements with Carollo Engineers and Brown, and Caldwell for the Water Resource Recovery
Facility’s (WRRF) New Administration Building and Laboratory Project, Project No. 07786 and WRRF Phase II Improvement Project No. 07760
CONS 25-1055.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Awarding a Construction Contract to Cato’s General Engineering, Inc., for the Hesperian Frontage Road Improvement Project, Project No. 05742 in an Amount of
$855,225, and Appropriating Additional Funds in the Amount of $162,225 from Street System Improvements - Fund 450
CONS 25-1076.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Plan
Adopt a Resolution Authorizing the City Manager to Approve the Amended Ground Lease for California Department of
General Services for the California Military Department on a Parcel of Land at Hayward Executive Airport
CONS 25-1087.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt an Ordinance Amending Chapter 2, Article 3, Sections 2-3.90, 2-3.91, 2-3.92, 2-3.93 of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action Is Exempt from CEQA Review
CONS 25-1098.

Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance Published 3/14/2025

March 18, 2025City Council Agenda
Adopt a Resolution Accepting the Resignation of Mr. Douglas Mansel from the Keep Hayward Clean and Green Task Force, Effective Immediately
CONS 25-1109.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

Tree Preservation Ordinance: Work Session on Proposed Text Amendments to the Hayward Municipal Code for the Adoption of an Updated Tree Preservation Ordinance (Report from
Development Services Director Buizer)
WS 25-01210.

Attachments: Attachment I Staff Report
Attachment II Draft Tree Preservation Ordinance
Attachment III Summary of Proposed Revisions
Greenhouse Gas Emissions Inventory: Review and Discuss
2023 Greenhouse Gas Emissions Inventory (Report from
Director of Public Works Ameri)
WS 25-01411.

Attachments: Attachment I Staff Report

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

ADJOURNMENT
NEXT MEETING, March 25, 2025, 7:00 PM

March 18, 2025City Council Agenda

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 25-034
DATE: March 18, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Meeting on February 25, 2025

RECOMMENDATION
That the City Council approves the City Council meeting minutes of February 25, 2025.

SUMMARY
The City Council held a meeting on February 25, 2025.

ATTACHMENTS
Attachment I Draft Minutes of 2/25/2025
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
powered by Legistar™

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82177563408?pwd=4jBQg8c6j0JblZlGJUjBGnAtH7JWtm.1 Tuesday, February 25, 2025, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:10 p.m. in the Council Chambers.

Pledge of Allegiance: Council Member Bonilla Jr.

ROLL CALL

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: NONE

PUBLIC COMMENTS

There were none.

CITY MANAGER’S COMMENTS

There were none.

CONSENT

Consent Items 2 and 4 were removed from the Consent Calendar for public comment.

1. Adopt a Resolution Authorizing the City Manager to Amend the Fiscal Year 2025 Agreement with Habitat for Humanity of the East Bay/Silicon Valley, Inc. to Increase the Award by $53,817 for a Not-to-Exceed Amount of $228,817 CONS 25-048

Staff report submitted by Assistant City Manager Youngblood , dated February 25, 2025, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

2 | F e b r u a r y 25 , 2 0 2 5
Resolution 25-020, “ Resolution Authorizing the City Manager to Amend the Fiscal Year 2024-25 Agreement with Habitat for Humanity East Bay/Silicon Valley, Inc. for Services in Connection with Community Development Block Grant by $53,817 for a Not-To- Exceed Amount of $228,817”

2. Adopt a Resolution Approving Plans and Specifications and Call for Bids for the FY 25 Pavement Improvement Project, Project No. 05338 CONS 25-049

Staff report submitted by Public Works Director Ameri , dated February 25, 2025, was filed.

Robert Stevens, Hayward resident , expressed enthusiasm for the proposed street improvements but raised concerns about proposed changes to Hayward Boulevard ; emphasized the importance of transparency, community engagement, and clearly defining project objectives; and stated he looked forward to discussing potential modifications with City staff at the February 26 Council Infrastructure and Airport Committee meeting.

It was moved by Council Member Roche, seconded by Council Member Andrews, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-024, “Resolution Approving Plans and Specifications for the FY25 Pavement Improvement Project, Project No. 05338 and Call for Bids”

3. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 4 to the Agreement with Workforce Integrity and Training Solutions, LLC for Labor Compliance Coordination Services in the Amount of $200,000, for a Total Not -To-Exceed Amount of $572,000, and for Extension of the Agreement to December 31, 2027 CONS 25-050

Staff report submitted by Public Works Director Ameri , dated February 25, 2025, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82177563408?pwd=4jBQg8c6j0JblZlGJUjBGnAtH7JWtm.1 Tuesday, February 25, 2025, 7:00 p.m.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-021, “Resolution Authorizing the City Manager to Execute Amendment No. 4 to the Agreement with Workforce Integrity and Training Solutions, LLC for Labor Compliance Coordination Services in the Amount of $200,000 for a Total Not-To-Exceed Amount of $572,000 and Extending the Agreement to December 31, 2027”

4. Adopt a Resolution Approving the Final Map for Tract 8427, a Residential Subdivision at 22626 4th Street (Assessor’s Parcel Numbers 427-0036-033-05, 427-0036-033-06, 427- 0036-055-20 through 427-0036-055-25, & 427-0036-085-01), to Allow the Construction of Forty (40) Detached Single -Family Residences with Common Open Space Areas and Related Site Improvements; Accepting Easements and Rights -of-Way Dedicated for Public Use; and Authorizing the City Manager to Execute a Subdivision Agreement; and Finding that the Action is Exempt from CEQA Review. Applicant/Owner: J Darwin Homes LLC, Application Nos. 201704074 and MTA-24-0004 CONS 25-052

Staff report submitted by Development Services Director Buizer, dated February 25, 2025, was filed.

Ro Aguilar expressed concerns that the proposed housing development does not address Hayward's current need for affordable housing; and suggested that a revision of the Housing Code could create housing development for multiple income g roups and designated as an inclusive planned development zo ne which would foster integration of income classes and ethnic groups.

Council Member Syrop emphasized that the proposed development would revitalize a neglected lot, enhance neighborhood safety, and contribute to population and tax base growth; and acknowledged Ms. Aguilar’s comment affirming the importance of incorporating inclusionary housing in future strategic planning.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.

4 | F e b r u a r y 25 , 2 0 2 5
AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-022, “Resolution Approving the Final Map of Tract 8472, Accepting the Easements and Chestnut Drive Right of Way Dedicated Thereon for Public Use and Authorizing the City Manager to Negotiate and Execute the Subdivision Improvement Agreement and Related Other Documents; and Finding that the Action is Exempt from CEQA Review”

5. Adopt a Resolution Amending Resolution Number 24-149 to Authorize the City Manager to Negotiate and Execute a Professional Services Agreement with the Presbytery of San Francisco as the Fiscal Sponsor and Agent for First Presbyterian Church of Hayward to Operate the Year-Round Shelter at South Hayward Parish for Fiscal Year 2024 -2025 for a Not-to-Exceed Amount of $447,621 CONS 25-054

Staff report submitted by Assistant City Manager Youngblood , dated February 25, 2025, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-023, “ Resolution Amending Resolution 24 -149 to Authorize the City Manager to Negotiate and Execute a Professional Services Agreement with the Presbytery of San Francisco to Serve as the Fiscal Sponsor for First Presbyterian Church of Hayward to Operate the Year-Round Shelter at South Hayward Parish for Fiscal Year 2024-2025 For a Not-To-Exceed Amount of $447,621”

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82177563408?pwd=4jBQg8c6j0JblZlGJUjBGnAtH7JWtm.1 Tuesday, February 25, 2025, 7:00 p.m.

LEGISLATIVE BUSINESS

6. 2025 Wastewater Revenue Bonds: Adopt Resolutions Authorizing the Issuance and Sale of Wastewater Revenue Bonds in the Maximum Principal Amount of $135,000,000 to Finance Capital Improvements to the Wastewater System, Including the Water Resources Recovery Facility Improvements, and Approving Related Agreements and Actions (Report from Public Works Director Ameri and Interim Finance Director Youngblood) LB 25-003

Staff report submitted by Public Works Director Ameri and Assistant City Manager Claussen, dated February 25, 2025, was filed.

Public Works Director Ameri announced the item and introduced Mr. Christian Sprunger , Vice President of NHA Advisors, who provided a synopsis of the staff report.

Discussion ensued among members of the City Council, City staff, and Mr. Christian Sprunger, and the following clarifications were made : the San Francisco Regional Water Board is mandating a 53% reduction in nutrient levels in treated wastewater due to environmental concerns following recent events in Lake Merritt and San Pablo Bay , requiring the City to implement an unprecedented infrastructure project estimated at $498 million ; there are currently no state or federal grants available for the project, but the City will continue to seek funding opportunities; bond sale aligns with the rate increases ; the U.S. Environmental Protection Agency’s Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) loan is a market-rate loan; WIFIA can only cover up to 49% of the eligible project cost, and the City will need to issue revenue bonds for the remaining amount; the City is not obligated to use the full loan amount if project costs are lower than expected; the City is using a competitive bond sale method to minimize cost of funds, which follows best practices set by the Government Finance Officers Association (GFOA); WIFIA offers more flexible repayment terms, allowing the City to defer payments for up to five years after construction is completed; on the morning of sale, the City will receive multiple bids from bond underwriters, with the winning bid selected the same day, similar to a construction bid; the first-year sewer rate increase will be 12% in total revenue, but the impact varies by customer type—single-family homes and restaurants will see lower increases, and annual increases for years two through five will remain at 12%, before moderating to 5% and then 4% in subsequent years ; the actual cost impact on residents is estimated at $2 to $3 per month ; the wastewater enterprise operates as a separate financial entity and no General Fund money will be used for the project.

There being no public comment, Mayor Salinas opened and closed the public hearing at 7:41 p.m.

6 | F e b r u a r y 25 , 2 0 2 5
Council Member Zermeño made a motion to approve staff’s recommendation and Council Member Andrews seconded the motion.

Council Member Bonilla Jr. emphasized the importance of maintaining enterprise reserves to support th e City’s strong credit rating; and commended the City's strategic approach to structuring the financing, ensuring both long-term environmental protection and wastewater infrastructure to support future needs

Council Member Andrews urged residents to contact state representatives and advocate for state funding, emphasizing that the state’s mandate to reduce nutrient levels requires significant financial investment; and stressed the need for grants to lessen the financial burden on residents.

Members of the City Council thanked staff for their work with the item. Council Member Andrews was acknowledged for representing the City on the Bay Area Water Supply and Conservation Agency and the East Bay Dischargers Joint Powers Authority.

It was moved by Council Member Zermeño, seconded by Council Member Andrews, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-025, “ Resolution Authorizing the Issuance and Sale of Wastewater Revenue Bonds in the Maximum Principal Amount of $135,000,000 to Finance Capital Improvements to the Wastewater System, Including the Water Resource Recovery Facility Improvements, and Approving Related Agreements and Actions Amending the Master Fee Schedule and Approving Sewer Connection Fees”

7. FY 24 -25 Mid -Year Budget Review: Adopt a Resolution Approving FY 24 -25 Mid -Year Budget Amendments and Receive and Review the Five -Year General Fund Financial Model Update (Report from Assistant City Manager Claussen) LB 25-004

Staff report submitted by Assistant City Manager Claussen, dated February 25, 2025, was filed.

Assistant City Manager Claussen provided a synopsis of the staff report.

In response to Council Member Bonilla Jr’s. inquiries related to funding for St. Rose Hospital, Assistant City Manager Claussen responded that staff is recommending a contribution from the Operating Budget and the City’s commitment would be for one year.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82177563408?pwd=4jBQg8c6j0JblZlGJUjBGnAtH7JWtm.1 Tuesday, February 25, 2025, 7:00 p.m.

Council Member Bonilla Jr. asked about the measures taken to secure the hospital’s financial future without relying on ongoing City funding. Chief Operating Officer for Alameda Health System Mark Fratzke highlighted ongoing efforts to stabilize and grow the hospital, including opening a 29-bed sub-acute unit, applying for a $17.5 million distressed hospital loan deferral, and seeking $30-35 million in state funding for mental health programs; and noted that a $4 million is being allocated to remodel the ho spital’s cardiac lab to enhance its cardiac care program.

Chief Operating Officer for Alameda Health System Fratzke expressed gratitude to the City Council for its support and emphasized the importance of continued support and collaboration to ensure St. Rose's long-term success.

Council Member Andrews asked about St. Rose’s sustainability plan, particularly given the increased funding from $750,000 to $1,000,000 in FY 2025 . Chief Operating Officer for Alameda Health System Fratzke assured that a full strategic plan could be provided but noted that its implementation depend ed on available funding ; and confirmed ongoing efforts to secure additional funding.

In response to Council Member Andrews’ inquiry about the process for recommending mid- year budget allocations, Assistant City Manager Claussen explained that funding requests were mostly denied unless monies had already been spent, emphasizing the City’s need to balance the budget; and confirmed that mission-critical positions and essential community services would remain unaffected.

In response to Council Member Goldstein’s inquiry about a fire truck ladder that required repair and replacement due to its high cost, Assistant City Manager Claussen explained that the truck was sent to a manufacturer to extend its lifespan but broke down in Nevada before completing repairs and returning to service. Council Member Goldstein emphasized the high cost of ladder fire trucks and the importance of understanding the situation to prevent similar issues in the future.

Council Member Roche emphasized the importance of maintaining a 20% General Fund reserve; urged her colleagues to refrain from proposing discretionary spending or pet projects, stressing the potential for reduced federal funding and financial instability; and questioned St.

Rose’s ability to address its budget deficits with the City’s $1 million contribution.

Chief Operating Officer for Alameda Health System Fratzke explained that each $1 million donation is matched through Intergovernmental Transfer (IGT) funds, with a total expected amount of $30 million with $15 million matched by the government.

8 | F e b r u a r y 25 , 2 0 2 5
Council Member Syrop questioned St. Rose’s reliance on federal funding, particularly given the uncertainty around Medicare and Medicaid, and contingency plans in case of federal funding reductions.

Chief Operating Officer for Alameda Health System Fratzke noted there were currently no signs of funding cuts or withholding funds with the new administration; and acknowledged the need for organization-wide strategic planning but stated they have not yet developed specific measures.

In response to Council Member Zermeño’s inquiry about the status of frozen positions and the decline in Real Property Transfer Tax revenue, Assistant City Manager Claussen responded that while the City has a 10% vacancy rate, only five Police Department positions remain officially frozen and attributed the drop to decreased property sales due to high interest rates.

Council Member Zermeño disclosed that he serves on the St. Rose Foundation Board and confirmed with the City Attorney that he did not have to recuse himself from participating or voting on the item.

Mayor Salinas disclosed that he serves on the St. Rose Foundation Board and confirmed with the City Attorney that he did not have to recuse himself from participating or voting on the item.

Mayor Salinas opened the public hearing at 8:21 p.m.

District 2 Alameda County Supervisor Márquez noted that the Alameda County Board of Supervisors to allocate $1 million to St. Rose Hospital, emphasizing that the funds would be doubled through federal matching, bringing in over $30 million ; highlighted the hospital’s critical role as one of only two in Alameda County eligible for these funds; added the Attorney General approved the Alameda Health System’s affiliation with St. Rose Hospital without conditions; and assured her ongoing commitment to securing additional funding and reinstating labor and delivery services.

Eden Health District Chief Executive Officer Mark Friedman, thanked the City for its partnership in public health efforts and its role in St. Rose Hospital’s transition to the governance of Alameda Health System; acknowledged the need for long -term sustainability; noted that while Eden Health District contributed $1 million, it is a one -year commitment, similar to the City’s approach, and emphasizing that the hospital must eventually become self -sufficient without relying on continuous government funding.

Mayor Salinas closed the public hearing at 8:28 p.m.

Council Member Bonilla Jr. expressed appreciation for the City's efforts in balancing the budget, emphasizing the importance of maintaining fiscal discipline while protecting essential services; praised City staff and leadership for their collaboration and noted that the process of refining the budget is helping the City strengthen its financial resilience; highlighted St. Rose Hospital’s role as a critical healthcare provider; and commended Alameda Health System, Alameda County Board of Supervisors, Eden Health District, and other partners for their leadership in stabilizing

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82177563408?pwd=4jBQg8c6j0JblZlGJUjBGnAtH7JWtm.1 Tuesday, February 25, 2025, 7:00 p.m.
the hospital and urged the City to step up in support.

Council Member Bonilla Jr. made a motion to approve staff’s recommendation and Mayor Salinas seconded the motion.

Council Member Andrews thanked City staff for their work on the budget and stressed the importance of supporting economic development to generate sales tax revenue ; voiced her support for funding St. Rose Hospital but reiterated the need for a sustainability plan to ensure its long-term viability; acknowledged Alameda Health System’s commitment and Alameda County Supervisor M árquez’s tireless efforts in securing funding for the hospital ; and encouraged residents to contact their state representatives to advocate for deferring St. Rose Hospital’s $17 million loan, which would ease financial strain.

Council Member Syrop commended City staff for their fiscal discipline in managing the budget, noting that Hayward is in a stronger financial position compared to other cities facing massive deficits; agreed to manage spending less money, prioritizing initiatives and not limiting them, arguing that elected officials should introduce innovative ideas that improve government responsiveness; emphasized the importance of keeping St. Rose Hospital operational and noted that the City’s contribution aligns with the original intent of federal pandemic relief funds ; expressed gratitude for the collective efforts to save the hospital and reaffirmed Hayward’s partnership in ensuring its success; and stated his support for the motion.

Council Member Goldstein voiced strong support for the motion, applauding the executive team for their transparency and diligence in maintaining City services while balancing the budget; highlighted St. Rose Hospital’s role as both a safety net and a community hospital ; praised Alameda County Supervisor Márquez’s dedication and leadership, as well as Alameda Health System and Eden Health District for stepping up to support the hospital ; and encouraged residents to advocate for state and federal support to sustain hospitals such as St. Rose Hospital in the long term.

Council Member Zermeño thanked City staff for their work on the budget, expressing relief that it was balanced and included funding for St. Rose Hospital; acknowledged the potential risk of federal funding cuts but appreciated the City’s proactive approach in addressing financial uncertainties; emphasized St. Rose Hospital’s critical role in the community; highlighted his involvement in the St. Rose Foundation Board, alongside other local leaders, in fundraising for the hospital; urged residents to spend money in Hayward; and encouraged the City to attract more businesses to generate revenue.

Council Member Roche praised staff for their efforts in balancing the budget but stressed the need for continued caution given the long-term financial challenges; while she was pleased with this year’s financial outlook, she remained concerned about future deficits and the City’s ability to maintain reserves; thanked St. Rose Hospital’s leadership and Alameda Health System for 10 | F e b r u a r y 25 , 202 5
their efforts but emphasized the importance of ensuring the City’s contribution aligns with broader financial sustainability goals; and committed to ongoing collaboration and rigorous oversight to ensure that funds are being used effectively and that St. Rose Hospital remains a viable healthcare provider.

Mayor Salinas reflected on his deep personal connection to St. Rose Hospital; stressed the devastating impact if the community were to lose the hospital and a critical piece of a City’s infrastructure; framed the City’s investment as a necessary step to maintain a strong healthcare system, which he sees as foundational to supporting families and workforce development ; thanked Alameda Health System, Alameda County Supervisor Márquez, and Eden Health District for the partnership; and thanked City staff for their work to balance the budget.

Council Member Bonilla Jr. commended Mayor Salinas’ advocacy and commitment for St. Rose Hospital.

It was moved by Council Member Bonilla Jr., seconded by Mayor Salinas , and carried unanimously, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-026, “ Resolution Amending Resolution 24 -111 as Amended, the Budget Resolution for the City of Hayward Operating Budget for Fiscal Year 2025, Relating to An Appropriation of Funds”

Resolution 25-027, “ Resolution Amending Resolution 24 -112 as Amended, the Budget Resolution for the City of Hayward Operating Budget for Fiscal Year 2025, Relating to An Appropriation of Funds”

COUNCIL REPORTS AND ANNOUNCEMENTS

Mayor Salinas thanked those who attended the Keep Hayward Clean and Green Task Force clean up event.

Council Member Syrop announced appreciation for the recent collaboration between the Stack Run Club, East Bay Run Club, and Stack Run Club Collective, which brought out a large group of runners at California State University East Bay over the weekend ; and highlighted the event’s success in fostering community engagement and supporting local businesses.

COUNCIL REFERRALS

There were none.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82177563408?pwd=4jBQg8c6j0JblZlGJUjBGnAtH7JWtm.1 Tuesday, February 25, 2025, 7:00 p.m.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting in memory of Ms. Lydia Christina Guerra at 9:08 p.m.

Ms. Lydia Christina Guerra was born in Hayward ; attended Southgate Elementary, Martin Luther King Junior High School, Impact Academy of Arts & Technology; graduated from San Jose State University with a Bachelor of Arts degree in Psychology; and worked as a Para Educator at Ruus Elementary School, Hayward Unified School District.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 25-036
DATE: March 18, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Meeting on March 4, 2025

RECOMMENDATION
That the City Council approves the City Council meeting minutes of March 4, 2025.

SUMMARY
The City Council held a meeting on March 4, 2025.

ATTACHMENTS
Attachment I Draft Minutes of 3/4/2025
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84339434897?pwd=EtBuasxoFHuP1HbVASDd2DKRmaEU2M.1 Tuesday, March 4, 2025, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. in the Council Chambers.

Pledge of Allegiance: Council Member Goldstein

ROLL CALL

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: NONE

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on March 4, 2025, at 5:30 p.m., with all members present and no public speakers, regarding one item: 1) Conference with legal counsel pursuant to Government Code section 54956.9 (d)(2) regarding anticipated litigation, one case. City Attorney Lawson indicated the City Council discussed the item, gave direction to staff, but otherwise took no reportable action.

PRESENTATION

Mayor Salinas read a proclamation declaring March 2025 as American Red Cross Month and presented it to the American Red Cross Northern California Coastal Region Alameda County Leadership Council. Mr. Michael Gregory, American Red Cross Board Director, accepted the proclamation, and shared information about blood donors in Hayward. Mr. Anton Ghosh, American Red Cross Disaster Action Team volunteer, provided an overview of the American Red Cross’s emergency response efforts in Hayward.

PUBLIC COMMENTS

Jose Riquelme, a longtime Hayward resident, raised concerns about the increasing number of street food vendors in the city; and emphasized the need for oversight to maintain the city's appearance and public safety.

TJ, with Hayward Concerned Citizens, expressed appreciation for the Council Infrastructure and Airport Committee’s handling of discussions on traffic calming projects; and urged the City Council to support the Hayward Unified School District with current challenges.

Carl G orringe, Sun Gallery Board member and treasurer , highlighted the Gallery’s 50th Anniversary and upcoming art events while expressing concern over a financial shortfall; urged all to explore solutions for supporting the arts; and raised concerns about potential federal budget cuts.
2 | M a r c h 4 , 202 5
CITY MANAGER’S COMMENTS

City Manager Dr. Ana Alvarez announced the appointment of Sharif E tman as Hayward’s Interim Finance Director , indicating Mr. Etman brings 20 years of public sector finance experience, having previously served as a senior finance advisor at Regional Government Services. Finance Director E tman expressed his gratitude for joining the team and emphasized his commitment to maintaining financial integrity and excellence.

City Manager Dr. Ana Alvarez made five announcements: 1) the opening of HomeGoods on February 27, 2025 , located on Mission Boulevard ; 2) the Hayward Youth Commission recruitment with a deadline to apply of May 9, 2025, and encouraged young residents to apply; 3) the special City Council meeting on March 8, 2025, to discuss the City’s Strategic Priorities; 4) the Hayward State of the City Address by Mayor Salinas on March 11, 2025, at the Hayward Unified School District Performing Arts Center; and 5) the Stack Center Phase I ribbon cutting ceremony on March 14, 2025, located on Ruus Road.

CONSENT

1. Approve the City Council Minutes of the Meeting on February 18, 2025 MIN 25-028 It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the City Council meeting minutes of February 18, 2025.

2. Adopt a Resolution Appointing a City of Hayward Representative to the Boards of Directors of the Bay Area Water Supply and Conservation Agency, and the San Francisco Bay Area Regional Water System Financing Authority

Staff report submitted by Public Works Director Ameri , dated March 4, 2025, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-028, “Resolution Appointing the City’s Representative to the Board of Directors of the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority”

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84339434897?pwd=EtBuasxoFHuP1HbVASDd2DKRmaEU2M.1 Tuesday, March 4, 2025, 7:00 p.m.

3. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sherwood Design Engineers in a Not-To-Exceed Amount of $600,000 for Preliminary Design Services for the Nature Based Solution Feasibility Study Project at the Water Resource Recovery Facility (WRRF), Project No. 07809 in Fund 612 Sewer Improvement Fund

Staff report submitted by Public Works Director Ameri, dated March 4, 2025, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-029, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Sherwood Design Engineers for the Preliminary Design of Nature Based Solutions at the WRRF in an Amount Not-To-Exceed $600,000”

Council Member Andrews thanked the City Council for appointing her as the City’s Representative to the Board of Directors of the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority.

LEGISLATIVE BUSINESS

4. City Commissions: Council Ad Hoc Committee Recommendations on the Structure, Roles, and Uniform Operations of City Commissions; and Introduction of Ordinance Amending the Hayward Municipal Code, Relating to the Community Services Commission, and Finding that the Action is Exempt from CEQA Review (Report from Assistant City Manager Youngblood, City Attorney Lawson, and City Clerk Lens) LB 25-006

Staff report submitted by Assistant City Manager Youngblood, City Attorney Lawson, and City Clerk Lens, dated March 4, 2025, was filed.

Assistant City Manager Youngblood provided a synopsis of the staff report.

4 | M a r c h 4 , 202 5
Discussion ensued among members of the City Council and City staff, and the following clarifications were made: the City Council Ad Hoc Committee (comprising Chair Roche and Council Members Andrews and Bonilla Jr.) met multiple times between June and February and held a public meeting in November where commissioners provided feedback, which was incorporated into the final recommendations ; a two-and-a-half-term limit accommodates midterm appointments while maintaining the overall term limit of ten years; vacancies on the Community Services Commission (CSC) would be filled through attrition rather than new appointments; the Clean and Green Commission was proposed to reduce from 30 to 18 members, and not 11 similar to the CSC, because the work is labor-intensive, requiring more members for outreach and cleanup events, and the group rarely encountered contentious votes that would require an odd number for tiebreakers; a recent resignation on the Clean and Green Commission would bring the commission’s membership down to 15, necessitating recruitment to fill vacancies; and the staff report includes proposed language on performance criteria for commissioners, emphasizing professional behavior, adherence to training and statutory requirements, and maintaining decorum during meetings.

Mayor Salinas opened the public hearing at 7:46 p.m.

Hayward Youth Commissioner Josue Barrera praised the proposed item and suggested improvements, including collaboration with neighboring City commissions to expand the reach of youth events and pooling resources for greater impact; and recommended creating an annual public forum where community members could provide input on the Hayward Youth Commission’s focus areas rather than limiting topics to internal discussions.

Hayward Youth Commissioner Elisabet Barrera proposed increased engagement between City Council members and the Hayward Youth Commission to better understand City Council priorities; and suggested sending Youth Commission members to local schools to promote the commission’s work and encourage youth participation in shaping City initiatives.

Kee Hayward Clean and Green Task Force (KHCGTF) Vice Chair Tom Ferreira thanked the American Red Cross for its service and spoke in support of making the KHCGTF a formal commission; and emphasized that the change would help stabilize membership, bring in new ideas, and improve participation in City clean-up efforts.

Mayor Salinas closed the public hearing at 7:52 p.m.

Council Member Bonilla Jr. expressed support for the Hayward Youth Commission’s ideas, particularly collaboration with neighboring commissions and leveraging partnerships with the Hayward Unified School District to increase youth engagement; encouraged peer -to-peer recruitment efforts; and urged City Council members to observe Haward Youth Commission meetings to better understand youth perspectives.

Council Member Roche thanked fellow Council Ad Hoc Committee members and City staff for their work in refining commission guidelines; highlighted the extensive public input received and expressed hope that the recommendations would provide clarity and standardization across commissions while allowing flexib ility for unique needs; and voiced support for

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84339434897?pwd=EtBuasxoFHuP1HbVASDd2DKRmaEU2M.1 Tuesday, March 4, 2025, 7:00 p.m.
formalizing the Keep Hayward Clean and Green Task Force into a commission.

Council Member Roche moved the item and Council Member Bonilla Jr. seconded the motion.

Council Member Andrews commended City staff and fellow Council Ad Hoc Committee members for their efforts in keeping the process organized and ensuring legal and historical considerations were addressed; acknowledged the contributions of the Library and Planning Commissions in shaping best practices; and expressed enthusiasm for the Clean and Green Commission’s new official status.

Council Member Syrop praised the Council Ad Hoc Committee’s work but raised concerns about restrictions on council members providing input to commissions; supported the Keep Hayward Clean and Green Task Force becoming a Clean and Green Commission; encouraged the Clean and Green Commission to help neighborhoods organize independent cleanup efforts; accepted the reduction of the Community Services Commission (CSC) membership indicating quorum was difficult was meet and with less members a deeper level of engagement might be achieved; encouraged to explore how to provide more value with the CSC; and offered an amendment to the motion that would modify underlined language in the handbook, “When acting as private residents, commissioners should not use their title or position when advocating for issues outside the scope of their commission’s wor k,” with softer language that would allow commissioners to identify themselves when speaking in a personal capacity while ensuring they do not misrepresent their commissions.

Council Member Roche and Council Member Bonilla Jr. were amenable to having the City Attorney fine-tune recommended language.

Council Member Zerme ño supported the recommendations, highlighting their potential to improve efficiency and create a more rewarding experience for commissioners.

Council Member Goldstein supported the motion and appreciated the work that went into establishing guidelines and encouraging members to be proud of accomplishments; and supported commissioners advocating ideas outside their commissions’ scope while disclosing their personal views do not represent the commissions’ views they serve on.

Mayor Salinas commended City staff and the Council Ad Hoc Committee members for their efforts related to the recommendations.

6 | M a r c h 4 , 202 5
It was moved by Council Member Roche, seconded by Council Member Bonilla Jr., and carried unanimously, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrew, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 25-030, “Resolution Adopting Recommendations of the City Council’s Ad Hoc Committee on the Structure, Roles, and Uniform Administration of City Commissions, Specifically Adopting Uniform Guidance for the Operation of All City Commissions, Implementing Updates to the City Council’s Appointed Officials Handbook, and Approving Conversion of the Keep Hayward Clean and Green Task Force to the Clean and Green Commission”

Introduction of Ordinance 25- _, “An Ordinance of the City Council of the City of Hayward Amending Sections 2 -3.90, Et Seq., of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action is Exempt from CEQA Review”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Zermeño invited all to celebrate Hayward’s 149th birthday at City Hall Plaza on March 11, 2025, for a Happy Birthday sing-along; and recommended the formation of a committee to help plan for the 150th anniversary.

Mayor Salinas announced that he would be delivering the annual State of the City Address on March 11, 2025, at the Hayward Unified School District Performing Arts Center ; and extended an invitation to all.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 8:15 p.m.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/84339434897?pwd=EtBuasxoFHuP1HbVASDd2DKRmaEU2M.1 Tuesday, March 4, 2025, 7:00 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-099
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Development Services

SUBJECT
Adopt a Resolution Approving the Final Map for Tract 8104, a Residential Subdivision at 123 A Street (Assessor’s Parcel Number 431-0016-088-03), to Allow the Construction of Ten (10) Townhouse-Style Residential Units with Common Open Space Areas and Related Site Improvements; Accepting Easements Dedicated for Public Use; Authorizing the City Manager to Execute a Subdivision Agreement; and Finding that the Action is Exempt from CEQA Review. Applicant/Owner: Habitat for Humanity Easy Bay Silicon Valley Inc., Application Nos. PL-2013-00291, PL-2013-00290, and TM-23-0003.

RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8104 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), accepting easements dedicated for public use, authorizing the City Manager to execute the Subdivision Agreement; and finding the action is exempt from CEQA review, , related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.

SUMMARY
The Final Map for Tract 8104 is a twelve-lot subdivision on a 0.74-acre site at 123 A Street allowing the construction of ten (10) 100 percent affordable townhouse-style residential units with private streets and other site improvements. In addition to the ten residential lots, two lots are to be owned and maintained by the Homeowners Association (HOA) of Tract 8104 and are reserved for access, parking, utilities, stormwater treatment, and open space purposes. The City Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to complete all required improvements.

The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the Planning Commission on September 28, 20231. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and has determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of map approval.

CITY OF HAYWARD Printed on 3/13/2025Page 1 of 2
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File #:CONS 25-099

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map Tract 8104
Attachment IV Approved Vesting Tentative Map Tract 8104 CITY OF HAYWARD Printed on 3/13/2025Page 2 of 2
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DATE: March 18, 2025

TO: Mayor and City Council

FROM: Director of Development Services

SUBJECT: Adopt a Resolution Approving the Final Map for Tract 8104, a Residential Subdivision at 123 A Street (Assessor’s Parcel Number 431-0016-088-03), to Allow the Construction of Ten (10) Townhouse-Style Residential Units with Common Open Space Areas and Related Site Improvements; Accepting Easements Dedicated for Public Use; Authorizing the City Manager to Execute a Subdivision Agreement and Finding that the Action is Exempt from CEQA Review. Applicant/Owner: Habitat for Humanity Easy Bay Silicon Valley Inc., Application Nos. PL-2013-00291, PL-2013-00290, and TM-23-0003.

RECOMMENDATION

That the City Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8104 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), accepting easements dedicated for public use, authorizing the City Manager to execute the Subdivision Agreement and related other documents, and to take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval ; and finding the action is exempt from CEQA review.

SUMMARY

The Final Map for Tract 8104 is a twelve-lot subdivision on a 0.74-acre site at 123 A Street allowing the construction of ten (10) 100 percent affordable townhouse-style residential units with private streets and other site improvements. In addition to the ten residential lots, two lots are to be owned and maintained by the Homeowners Association (HOA) of Tract 8104 and are reserved for access, parking, utilities, stormwater treatment, and open space purposes. The City Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to complete all required improvements.

The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the Planning Commission on September 28, 20231. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and has determined these documents to be in substantial compliance

1 Planning Commission Minutes 092823

with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of map approval.

BACKGROUND

Per State law, Tentative and Final maps are required for subdivision of real property into five or more parcels. In July 2013, the applicant applied for a zone change and vesting tentative tract map showing the proposed subdivision of the former City property into ten (10) residential lots and two (2) HOA-owned parcels allowing the construction of ten (10) townhouse-style residential units, private streets, and related site improvements (PL-2013- 00291 and PL-2013-00290). The City Council considered compliance with the Subdivision Map Act, the Environmental Quality Act, the City Subdivision Ordinance, Zoning Code, Building Regulations, the Hayward 2040 General Plan, and the site-specific requirements of the Planning, Public Works, Fire, and Police Departments. The townhouse-style residential units proposed in the subdivision will fulfill several goals and objectives of the City’s General Plan by providing in-fill development, increasing housing diversity, and incorporating Complete Streets elements. On January 27, 2015, the City Council approved a Planned Development Rezone, a Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program, and a Vesting Tentative Map2. The Planning Director approved the Precise Development Plan for the project on December 7, 2015.

The applicant was unable to proceed with the completion of the Final Map and implementation of the Precise Development Plan for various reasons beyond its control and, as a result, the Precise Development Plan and Vesting Tentative Tract Map approvals expired in January 2023 (zone changes are legislative acts that do not expire). In January 2023, the applicant submitted Planning Application TM-23-0003 for a Vesting Tentative Map and Site Plan Review with plans nearly identical to those previously approved. The Planning Application (No. TM-23-0003) was reviewed and approved by the Planning Commission on September 28, 2023, subject to certain Conditions of Approval.

DISCUSSION

Final Map and Improvements Plans - After Vesting Tentative Map approval, the subdivider submitted the Final Map and Improvement Plans. The City Engineer has reviewed and determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of the map approval.

Improvement Agreement and Securities - The subdivider has requested the City’s approval of the Final Map before all required improvements are completed as provided for in the State Subdivision Map Act Section 664623. The subdivider has agreed to execute an agreement with the City to complete the improvements required for the subdivision in a timely manner as per the improvement plans approved by the City Engineer and as stipulated in the Hayward

2 City Council Minutes 012715
3 California Code, GOV 66462

Municipal Code Section 10-3.330 (a). Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a)4.

New improvements will include re-striping two existing crosswalks with ladder-style crosswalks and extending existing bike-lane striping along the A Street frontage; extension of the City’s sewer and water service to each new unit; site lighting, landscaping, stormwater treatment facilities as well as common areas with picnic tables, barbeques, and a community garden to be maintained by the HOA. All utilities within the subdivision will be underground.

The City Council’s approval of the Final Map shall not become effective until and unless the developer enters into a Subdivision Agreement with the City for the construction of improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map.

ENVIRONMENTAL REVIEW

The environmental review was completed when the original Vesting Tentative Map was approved in 2015. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information which would require additional environmental review. Approval of the final map is a ministerial act not involving exercise of discretionary powers by the City Council, and is therefore not an action subject to CEQA review pursuant to CEQA Guidelines section 15060(c)(3).

ECONOMIC AND FISCAL IMPACT

The Final Map, by itself, will not have a fiscal or economic impact. The development created by approval of the final map will develop a vacant site bordering an existing residential neighborhood. The development would connect to existing public utilities and services and is not expected to have a negative result on the City regarding public utilities or public services.

Furthermore, the project would result in new residents moving into Hayward, which should generate demand for goods and services, thereby providing stimulus for new or existing jobs and services in the City’s economy. The Final Map approval is consistent with the approved project.

STRATEGIC ROADMAP

Approval of the Final Map supports the Strategic Priority of Preserve, Protect and Produce Housing for All, however, it is not tied to implementation of any specific projects.

SUSTAINABILITY FEATURES

The project includes sustainability features to improve energy efficiency, reduce greenhouse gas emissions, and conserve water. Rooftop solar panels will be installed on all the residences.

The proposed landscaping will be drought resistant in accordance with the Bay Friendly

4 Hayward Municipal Code 10-3.332

Water Efficient Landscape Ordinance. The site will be graded to ensure that the stormwater runoff will be diverted to the bioretention stormwater treatment areas.

NEXT STEPS

If the City Council approves the Final Map, the applicant will have the Final Map recorded after executing the Subdivision Improvement Agreement. Occupancy permits for the new units will be issued only after the required improvements are completed as per the plans approved by the City and a HOA is incorporated for the maintenance and repair of the new common use improvements within the subdivision.

Prepared by: Cathleen Terentieff, Development Services Engineer

Recommended by: Sara Buizer, AICP, Director of Development Services

Approved by:

_________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____

Introduced by Council Member ______________

RESOLUTION APPROVING THE FINAL MAP OF TRACT 8104, ACCEPTING

THE EASEMENTS DEDICATED THEREON FOR PUBLIC USE , AUTHORIZING

THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE SUBDIVISION

IMPROVEMENT AGREEMENT AND RELATED OTHER DOCUMENTS , AND

FINDING THAT THE ACTION IS EXEMPT FROM CEQA REVIEW

WHEREAS, Vesting Tentative Tract Map No. 8104 was approved by the Planning Commission of the City of Hayward on September 28, 2023; and

WHEREAS, the Final Map for Tract 8104 has been presented to the City Council of the City of Hayward for development of ten (10) townhouse-style residential units with a private street and other site improvements located on one existing parcel ( Assessor’s Parcel Number 431-0016-088-03), 123 A Street; and

WHEREAS, the City Engineer has determined the Final Map substantially complies with its Vesting Tentative Map and the City Surveyor has determined the map technically correct; and

WHEREAS, the City Engineer has also determined the Tract 8104 Improvement Plans acceptable and conforming to the City’s Conditions of Approval of the Vesting Tentative Map for Tract 8104; and

WHEREAS, the Subdivider has requested the City Council approve Final Tract Map 8104 before its required improvements are completed and has agreed to complete the same within the time limits specified in an agreement with the city and post securities required therefore; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby find that the Final Map for Tract 8104 is in substantial compliance with its approved Vesting Tentative Tract Map and does hereby approve the said Final Map and accepts on behalf of the public all easements dedicated for public use thereon , subject to the subdivider entering into a subdivision agreem ent for the completion of improvements and other obligations, as required by the conditions of approval of the Vesting Tentative Tract Map for Tract 8104, and that the approval of the Final Map for Tract 8104 shall not be effective until and unless and such agreement is entered into.

ATTACHMENT II

BE IT FURTHER RESOLVED, that the environmental review for the project was completed when the Vesting Tentative Map was first approved in 2015. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information which would req uire additional environmental review. Approval of the final map is a ministerial act not involving exercise of discretionary powers, and is therefore not an action subject to CEQA review pursuant to CEQA Guidelines section 15060(c)(3).

BE IT FURTHER RESOL VED that the City Manager is hereby authorized to negotiate and execute, for and on behalf of the City of Hayward, a subdivision agreement in a form approved by the City Attorney.

IN CITY COUNCIL, HAYWARD, CALIFORNIA _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: CITY COUNCIL MEMBERS:

MAYOR:

NOES: CITY COUNCIL MEMBERS:

ABSTAIN: CITY COUNCIL MEMBERS:

ABSENT: CITY COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward
“ ”
“ ”
‘ ”
Attachment III

NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

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Attachment IV
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-104
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to DC Electric Group, Inc. for the Tennyson Road and Winton Avenue Signal Coordination Project, Project No. 05342 in the Amount of $184,541, and Approving $55,362 in Administrative Construction Contingency

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) awarding a construction contract to DC Electric Group, Inc. for the Tennyson Road and Winton Avenue Signal Coordination Project (Project) in the amount of $184,541 and approve $55,362 in administrative construction contingency.

SUMMARY
The Project includes the installation of adaptive traffic signal control systems, fiber communications, and video detection technology on Winton Avenue/D Street from Santa Clara Street to Atherton Street and Tennyson Road from Sleepy Hollow Road to Dixon Street. The work scope under this contract is for the construction of fiber communications for traffic signals on Winton Avenue only.

On February 19, 2025, the call for bids was released and advertised until the bid opening date of March 11, 2025. The project received five (5) bids at the bid opening. Staff recommends that City Council award the contract to the responsible low bidder, DC Electric Group, Inc., for $184,541 and approve $55,362 in administrative construction contingency. Tennyson Electric, LLC. submitted the second lowest bid in the amount of $190,960. The Engineer’s Estimate for the project (not including contingency) was $234,860.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
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DATE: March 18, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to DC Electric Group, Inc. for the Tennyson Road and Winton Avenue Signal Coordination Project, Project No. 05342 in the Amount of $184,541, and Approving $55,362 in Administrative Construction Contingency

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) awarding a construction contract to DC Electric Group, Inc. for the Tennyson Road and Winton Avenue Signal Coordination Project (Project) in the amount of $184,541 and approve $55,362 in administrative construction contingency.

SUMMARY

The Project includes the installation of adaptive traffic signal control systems, fiber communications, and video detection technology on Winton Avenue/D Street from Santa Clara Street to Atherton Street and Tennyson Road from Sleepy Hollow Road to Dixon Street. The work scope under this contract is for the construction of fiber communications for traffic signals on Winton Avenue only.

On February 19, 2025, the call for bids was released and advertised until the bid opening date of March 11, 2025. The project received five (5) bids at the bid opening. Staff recommends that City Council award the contract to the responsible low bidder, DC Electric Group, Inc., for $184,541 and approve $55,362 in administrative construction contingency.

Tennyson Electric, LLC. submitted the second lowest bid in the amount of $190,960. The Engineer’s Estimate for the project (not including contingency) was $234,860.

BACKGROUND

In August of 2023, City staff applied for Transportation Fund for Clean Air (TFCA) funding for an amount of $515,000 with a local contribution of $297,000, for a total of $812,000.

The project scope includes adaptive signal control systems, fiber communications, and video detection technology on Winton Avenue/D Street from Santa Clara St to Atherton St

and Tennyson Road from Sleepy Hollow Rd to Dixon St. This project, along with the TFCA 2023-24 program, was recommended and approved by the Alameda County Transportation Commission (Alameda CTC) on December 7, 2023. On December 12, 20231, City Council adopted a resolution to execute a funding agreement between the City and Alameda CTC.

Under the California Environmental Quality Act (CEQA), this project is categorically exempt under California Code of Regulations 15301 Existing Facilities (Class 1). Projects exempt under this category involve negligible or no expansion of an existing use. A CEQA Notice of Exemption was filed with the County of Alameda Clerk-Recorder’s Office and the Office of Planning and Research in September 2024.

DISCUSSION

City Council approved the plans and specifications and call for bids for the project on February 18, 20252. On February 19, 2025, the call for bids was released and advertised until the bid opening date of March 11, 2025. five (5) bids were received at the bid opening.

DC Electric Group, Inc., of Cotati, California, submitted the lowest bid in the amount of $184,541. The Engineer’s Estimate for the project (not including contingency) was $234,860. Tennyson Electric, LLC. submitted the second lowest bid in the amount of $190,960.

Staff has reviewed the submitted bids and recommends that City Council award the contract to the responsible low bidder, DC Electric Group, Inc.

ECONOMIC IMPACT

This item has no direct economic impact.

FISCAL IMPACT

This item will not impact the General Fund. The project is associated with TFCA grant funding Project No. 05342, and will use Measure BB Local Transportation Fund 212, and Transportation System Improvement Fund 460.

The updated project costs if City Council approves the award of construction contract to DC Electric Group, Inc. is shown below:

Fund Source Estimated Costs
Construction 212, 460 $184,541
Construction Contingency 212, 460 $55,362
Total $239,903

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STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice. This item specifically relates to the following Project:

Project C1: Implement Year 1 Programs from adopted GHG Roadmap (Climate Action Plan)

SUSTAINABILITY FEATURES

This construction will result in upgrades to the fiber optic communication system for the traffic signals on the Winton Avenue/D Street corridor, which will allow the implementation of an adaptive signal timing system. These actions are aligned with the adopted Climate Action Plan, as the adaptive timing system will help reduce greenhouse gas emissions by reducing vehicle idle times.

PUBLIC CONTACT

No public contact has been made related to this agenda item.

NEXT STEPS

If City Council approves, staff will prepare and route a construction contract for the City Manager to execute and issue a notice to proceed to start construction. Construction is expected to be completed before June of this year.

Date
Contract Execution April 2025
Start of Construction May 2025
End of Construction June 2025

Prepared by: Byron Tang, Principal Transportation Engineer Hugh Louch, Deputy Director of Public Works – Transportation

Recommended by: Alex Ameri, Director of Public Works

Approved by:

____________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD A
CONSTRUCTION CONTRACT TO DC ELECTRIC GROUP, INC. FOR THE

TENNYSON ROAD AND WINTON AVENUE SIGNAL COORDINATION PROJECT, PROJECT NO. 05342 IN THE AMOUNT OF $184,541, AND APPROVING $55,362

IN ADMINISTRATIVE CONSTRUCTION CONTINGENCY

WHEREAS, by Resolution No. 25-015. On February 18, 202 5, the City Council approved the plans and specifications and call for bids for the Tennyson Road and Winton Avenue Signal Coordination Project, Project No. 05342; and

WHEREAS, on March 11, 2025, five (5) bids were received. The low bid was submitted by DC Electric Group, Inc. The second lowest bid was submitted by Tennyson Electric, LLC.

The Engineer’s Estimate for the project (not including contingency) was $234,860.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards the contract for the Tennyson Road and Winton Av enue Signal Coordination Project , Project No. 05342 to DC Electric Group, Inc., in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the price name and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED by the City Council that the Director of Public Works is authorized to expend up to $55,362 for construction contingencies to complete the project.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with DC Electric Group, Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-105
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addendums No. 1, No. 2, No. 3 and No. 4, and Authorizing the City Manager to 1) Award a Construction Contract to Rodan Builders, Inc., for a Not-to-Exceed Amount of $43,967,000, 2) Amend the Existing Professional Service Agreements with Carollo Engineers and Brown, and Caldwell for the Water Resource Recovery Facility’s (WRRF) New Administration Building and Laboratory Project, Project No. 07786 and WRRF Phase II Improvement Project No. 07760

RECOMMENDATION
That City Council adopts the attached resolution (Attachment II):

1. Approving Addendums No. 1, No. 2, No. 3, and No. 4, which were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions for the Water Resource Recovery Facility’s (WRRF) New Administration Building and Laboratory Project, Project No. 07786;

2. Authorizing the City Manager to Award a Construction Contract to Rodan Builders, Inc., (Rodan Builders) for the WRRF New Administration Building and Laboratory Project No. 07786, in an Amount Not-to-Exceed $43,967,000;

3. Authorizing the City Manager to Amend the Professional Services Agreement (PSA) with Brown and Caldwell, California Corporation (Brown and Caldwell), to include engineering services during construction for the WRRF New Administration Building and Laboratory Project, as well as bid period services for the WRRF Improvements - Phase II, increasing the contract amount by $1,422,748 to a not-to-exceed limit of $18,095,575; and

4. Authorizing the City Manager to Amend the PSA with Carollo Engineers, Inc. (Carollo), to include construction management services for the WRRF New Administration Building and Laboratory Project increasing the contract amount by $3,428,409 to a not to exceed limit of $4,378,034.

SUMMARY
The WRRF treats an annual average flow of approximately eleven million gallons per day (MGD) and meets current requirements to discharge treated effluent to the deep waters of the San Francisco Bay.

The existing Administration Building and Laboratory at the WRRF was originally constructed in 1970 CITY OF HAYWARD Printed on 3/13/2025Page 1 of 2
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File #:CONS 25-105
The existing Administration Building and Laboratory at the WRRF was originally constructed in 1970 and has been modified twice to accommodate staff needs. With the increase in staff due to higher regulatory requirement demands, the building is obsolete and is no longer adequate to house all of the WRRF staff. In June of 2020, the Phase II Facilities Plan recommended replacement of the existing administration building and laboratory. The deficiencies of the existing building are expected to be further exacerbated by the Regional Water Quality Control Board’sissuance in July 2024 of the Regional Watershed Permit, which is projected to eventually trigger further increases in staffing needs at the WRRF.

The WRRF New Administration Building and Laboratory Project includes the construction of a two-story operations and laboratory building with a solar carport parking lot in the footprint of the old administration building and parking lot. On December 3, 2024 , City Council approved the plans and specifications for the WRRF New Administration Building and Laboratory Project, Project No. 07786, and called for construction bids to be received.

On February 11, 2025, six (6) bids were received ranging from $39,970,000 to $48,787,000 for the Project. The low bid was $39,970,000, which was $3,370,000, or 9.2% above the Engineer’sEstimate of $36,600,000. It should be noted that of the 6 bids, 5 of the bids were within $2 million dollars, or 4.5% of each other, indicating a competitive bidding environment and that the low bid reflects the a reasonable cost of the improvements.

Staff is requesting City Council approval of Addendums No. 1, No. 2, No. 3, and No. 4, which were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions. Staff recommend awarding the construction contract to the lowest responsive and responsible bidder, Rodan Builders, Inc., of Hayward, CA, with the amount of $39,970,000, and approving an Administrative Construction Contingency (change orders) Budget of $3,997,000 for a total of $43,967,000.

Brown and Caldwell has performed design, pre-construction, and bidding services for the WRRF New Administration Building and Laboratory Project. Staff is requesting City Council approval to amend the PSA with Brown and Caldwell (B&C) to include engineering services during construction. In addition, the WRRF Improvements - Phase II is at the 90% design stage and is expected to release bid documents in Fall 2025. Staff is requesting City Council approval to amend the PSA with B&C to include bid period services for the WRRF Improvements - Phase II, Project No. 07760. Brown and Caldwell’s engineering and bid period services for the two WRRF projects would increase the contract amount by $1,422,748 to a not-to-exceed limit of $18,095,575.

Furthermore, Staff is requesting City Council approval to amend the PSA with Carollo to include construction management services for the Administration Building and Laboratory Project, increasing the contract amount by $3,428,409 to a not to exceed limit of $4,378,834.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 3/13/2025Page 2 of 2
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DATE: March 18, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Approving Addendums No. 1, No. 2, No. 3 and No. 4, and Authorizing the City Manager to 1) Award a Construction Contract to Rodan Builders, Inc., in an Amount Not-to-Exceed $43,967,000, 2) Amend the Existing Professional Service Agreements with Carollo Engineers and Brown and Caldwell for the Water Resource Recovery Facility’s (WRRF) New Administration Building and Laboratory Project, Project No. 07786 and WRRF Phase II Improvement Project No. 07760

RECOMMENDATION

That City Council adopts the attached resolution (Attachment II):

1. Approving Addendums No. 1, No. 2, No. 3, and No. 4, which were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions for the Water Resource Recovery Facility’s (WRRF) New Administration Building and Laboratory Project, Project No. 07786;

2. Authorizing the City Manager to Award a Construction Contract to Rodan Builders, Inc., (Rodan Builders) for the WRRF New Administration Building and Laboratory Project No. 07786, in an Amount Not-to-Exceed $43,967,000;

3. Authorizing the City Manager to Amend the Professional Services Agreement (PSA) with Brown and Caldwell, California Corporation (Brown and Caldwell), to include engineering services during construction for the WRRF New Administration Building and Laboratory Project, as well as bid period services for the WRRF Improvements – Phase II, increasing the contract amount by $1,422,748 to a not-to- exceed limit of $18,095,575; and

4. Authorizing the City Manager to Amend the PSA with Carollo Engineers, Inc. (Carollo), to include construction management services for the WRRF New Administration Building and Laboratory Project increasing the contract amount by $3,428,409 to a not to exceed limit of $4,378,034.

SUMMARY

The WRRF treats an annual average flow of approximately eleven million gallons per day (MGD) and meets current requirements to discharge treated effluent to the deep waters of the San Francisco Bay. The existing Administration Building and Laboratory at the WRRF

was originally constructed in 1970 and has been modified twice to accommodate staff needs. With the increase in staff due to higher regulatory requirement demands, the building is obsolete and is no longer adequate to house all of the WRRF staff. In June of 2020, the Phase II Facilities Plan recommended replacement of the existing administration building and laboratory. The deficiencies of the existing building are expected to be further exacerbated by the Regional Water Quality Control Board’s issuance in July 2024 of the Regional Watershed Permit, which is projected to eventually trigger further increases in staffing needs at the WRRF.

The WRRF New Administration Building and Laboratory Project includes the construction of a two-story operations and laboratory building with a solar carport parking lot in the footprint of the old administration building and parking lot. On December 3, 20241, City Council approved the plans and specifications for the WRRF New Administration Building and Laboratory Project, Project No. 07786, and called for construction bids to be received.

On February 11, 2025, six (6) bids were received ranging from $39,970,000 to $48,787,000 for the Project. The low bid was $39,970,000, which was $3,370,000, or 9.2% above the Engineer’s Estimate of $36,600,000. It should be noted that of the 6 bids, 5 of the bids were within $2 million dollars, or 4.5% of each other, indicating a competitive bidding environment and that the low bid reflects a reasonable cost of the improvements.

Staff is requesting City Council approval of Addendums No. 1, No. 2, No. 3, and No. 4, which were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions. Staff recommend awarding the construction contract to the lowest responsive and responsible bidder, Rodan Builders, Inc., of Hayward, CA, with the amount of $39,970,000, and approving an Administrative Construction Contingency (change orders) Budget of $3,997,000 for a total of $43,967,000.

Brown and Caldwell has performed design, pre-construction, and bidding services for the WRRF New Administration Building and Laboratory Project. Staff is requesting City Council approval to amend the PSA with Brown and Caldwell (B&C) to include engineering services during construction. In addition, the WRRF Improvements – Phase II is at the 90% design stage and is expected to release bid documents in Fall 2025. Staff is requesting City Council approval to amend the PSA with B&C to include bid period services for the WRRF Improvements – Phase II, Project No. 07760. Brown and Caldwell’s engineering and bid period services for the two WRRF projects would increase the contract amount by $1,422,748 to a not-to-exceed limit of $18,095,575.

Furthermore, Staff is requesting City Council approval to amend the PSA with Carollo to include construction management services for the Administration Building and Laboratory Project, increasing the contract amount by $3,428,409 to a not to exceed limit of $4,378,834.

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BACKGROUND

New Administration and Laboratory Project

The WRRF New Administration Building and Laboratory Project includes the construction of a 21,600 square-foot two-story administration and laboratory building and a new parking lot. This new building will house management, administration, operations, maintenance, engineering, and laboratory facilities. Addendums No. 1, No. 2, No. 3, and No. 4 were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions.

To comply with the California Environmental Quality Act (CEQA), an IS/MND was prepared and posted for public comment on July 26, 2024. The CEQA document was adopted by the City of Hayward Planning Director on September 30, 2024, and a notice of determination was filed with the County on October 3, 2024; The Site Plan Review was also approved by the Planning Director on September 30, 2024. The mitigations outlined in the IS/MND have been incorporated into the bid documents, and the Project will comply with the Conditions of Approval issued by the Planning Director. Staff have been coordinating with the City’s Building Department and anticipate receiving a building permit prior to issuing notice to proceed.

On November 15, 20162, City Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. The CWA agreement applies to this Project because the construction cost estimate is more than $1,000,000.

The WRRF New Administration Building and Laboratory Project is part of a larger effort to overhaul the WRRF in response to recent regulations from the Regional Water Quality Control Board. On April 16, 20233, City Council passed a resolution authorizing the City Manager to apply for the United States Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan for the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project in the amount up to $260 Million, and authorized payment of WIFIA loan application fee in the amount of $100,000. The project is eligible under the WIFIA funding program, which will finance 49% of the project cost. For the remaining 51% of the project cost, staff will primarily utilize municipal bonds. The expected impacts to ratepayers were presented to City Council at a Public Hearing on February 18, 2025.

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Design Engineering Services

In June of 2020, Black and Veatch completed the Phase II Facilities Plan, which recommended a number of improvements to the WRRF, including the replacement of the existing Administration Building and Laboratory. On July 5, 20224, City Council Authorized an Agreement with B&C for design services for the Phase II Improvements Projects, which consists of significant upgrades throughout the WRRF, including the replacement of the Administration Building and Laboratory. On December 6, 20225, City Council authorized to amend the PSA with B&C for final design services for the administration building and laboratory and subsequently authorized final design for the Phase II Improvements Project on December 5, 20236, bringing the current authorized contract amount to $16,672,828.

Construction Management Services

On March 26, 20247, City Council authorized a PSA with Carollo Engineers for Phase 1 of the contract for construction management services for the WRRF Improvements – Phase II Project, which includes the Administration Building and Laboratory, in an amount of $949,625. Phase 1 includes preconstruction construction management, and Phase 2 is for construction management services for the Administration Building. Phase 2 also includes Partnering services, which include facilitating quarterly sessions for team building to check and measure performance. Phase 3 and Phase 4 consist of the Construction Management Services for Phase II Improvements Project. Staff will return to City Council as each construction contract is awarded to award the corresponding construction management fee for each project.

Phase II Project

The main goal of the Phase II Project is to construct improvements necessary for nutrient removal in compliance with the Water Board’s 3rd Nutrient Watershed Permit. Staff is reviewing B&C’s submission of the 90% drawings and specifications and plans to publish bid documents in Fall 2025.

DISCUSSION

On February 11, 2025, a total of six (6) bids were received and reviewed by City Staff. After reviewing the bid documents, the lowest responsive and responsible bidder is Rodan Builders, Inc., with the amount of $39,970,000. An additional $3,997,000 (or 10% of the contract amount) is included for administrative construction contingency in the event additional funds are needed for unforeseen conditions and changes during construction.

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The project’s final completion is anticipated to be 830 calendar days from the Notice to Proceed (NTP), which is anticipated in Fall 2027.

Engineering Services During Construction for Administration Building and Laboratory Staff is recommending the award of Task 8.1 for Brown and Caldwell, California Corporation, which includes engineering services tasks during construction in an amount not-to-exceed $1,034,034. Task 8.1 includes engineering services during construction for the Administration Building and Laboratory, which includes the following tasks:
 Review requests for information (RFIs), submittals, mockups, change orders, close-out documentation, record drawings, and other documentation.  Issue any design clarification documents.
 Conduct site visits to review field conditions and construction-related issues.  Attend pre-construction, progress meetings, and other meetings involving design conflicts requested by the City’s Project Manager.

Bid Period Services During Construction for the Phase II Project Staff is recommending the award of Task 7.3 for Brown and Caldwell, California Corporation, which includes bid period services for the Phase II Project.

Task 7.3 includes bid period services for the Phase II Project, which includes the following tasks:
 Attend the pre-bid conference and provide a presentation on the scope of work and other important bid requirements.
 Answer pre-bid questions from prospective bidders and compile addendums.  Provide the City with a conformed set of drawings and specifications.

Tasks 8.4 and 8.5 include tasks that will support both the Administration Building and Laboratory and Phase II Project. Task 8.4 includes construction phase environmental services, such as nesting bird surveys and cultural resources training. Task 8.5 includes project aerial photos before, during and after construction as well as filming of training videos for new plant equipment.

The breakdown for project costs for Brown and Caldwell is as follows for Administration Building and Laboratory Project No. 07786 and Phase II Project No. 07760:

Total Brown and Caldwell’s Professional Service Agreement Cost Task Project
No.

Description Cost

7.03 07760 Bid Period Services for Phase II $209,711

8.01 07786 Engineering Services During Construction $1,034,034

8.04 07760 Preconstruction and Construction Environment $47,188

8.05 07760 Project Aerial Photos and Videos $131,815
Total $1,422,748

Construction Management Scope of Services for Administration Building and Laboratory Staff is recommending the award of Phase 2 for Carollo Engineering, Inc., which includes construction management of the WRRF New Administration Building and Laboratory Project. This work can help the City to identify potential cost savings, minimize the potential for change orders and claims, and plan ahead to ensure the WRRF’s existing Administration Building and Laboratory remain operational throughout construction.

Phase 2 includes construction management services for the Administration Building and Laboratory, which includes the following tasks:

Construction Support Services
 Monitor the work and compliance of the construction contractor and report to the City’s Project Manager.
 Review Contractor’s payment requests based on actual progress of the work and recommend action to City’s project manager.
 Coordinate and conduct regular progress meetings, daily site observations, safety observations, LEED items, inspections, commissioning, and testing requirements.
 Monitor construction progress related to schedule and critical path.  Review RFIs, submittals, mockups, change orders, inspection reports, punch list items, close-out documentation, record drawings, monthly progress payments, and other documentation related to the construction contractor.  Assistance in coordination of all required project regulatory inspections for the completion and occupancy of the project, such as City Building Official, Fire Marshal, and others as needed.
 Assistance with the contractor for PG&E interconnection approval for the canopy-mounted photovoltaic system above the parking stalls.  Coordinate and arrange meetings with City Staff and Contractors for a smooth transition from the existing building to the new building, including WRRF operations and laboratory constraints, IT Department coordination, City’s current vendors, and more.
 Keep daily photographic records and aerial photos and videos of the construction progress.
 Provide and coordinate a spare parts transmittal list with the contractor to turn over the items to the City’s Maintenance Manager.
 Review warranty certificates and tracking spreadsheet after substantial completion and inform the City of upcoming warranty expirations.

Water Infrastructure Finance and Innovation Act (WIFIA) Support  Ensure compliance with all Davis Bacon and Related Acts (DBRA) prevailing wage requirements.
 Ensure contractor compliance with the federal funding as required in the project specifications. Prepare and package Project Close Out Reports as required for WIFIA compliance for Staff to review and submit.
 Provide Disadvantage Business Enterprise (DBE) reports.

Contract, Labor, and Community Workforce Agreement (CWA) Compliance  Review the City’s CWA provisions and monitor compliance during construction.  CWA compliance includes but is not limited to, pre-bid meetings, submission of certified payroll, facilitating pre-job conferences, attending joint administrative committee meetings, and subcontractor monitoring.

Third-Party Special Inspection Services
 The third-party special inspector, BSK Associates, is arranged by the construction management team.
 Perform specialty inspections as required in the project documents. These inspections include, but are not limited to, structural welding, welding of reinforcing bars, inspection of bolted connects, compaction testing for structural backfill, compaction testing for asphalt and subgrade, specialty coatings inspections, etc.
 Provide inspection reports for distribution.

Partnering
 The goal of the Partnering effort is a collaborative approach to resolve any problems from all parties involved to achieve a common goal. This allows the opportunity to discuss performance problems, expectations, opportunities, and offers feedback to key project leaders.
 Quarterly sessions and scorecard check-ins with all key parties will participate in regular meetings facilitated by a third-party individual or organization not directly involved in a project. OrgMetrics is the Partnering Facilitator arranged in the construction management contract.

ECONOMIC IMPACT

The new Administration Building and Laboratory will accommodate the projected increase in staff levels due to increasing regulatory requirements at the WRRF and an increase in future wastewater flows. The new Administration Building and Laboratory will support the overall Phase II Improvements Project, which will keep the WRRF in compliance with regulations and accommodate future population growth throughout Hayward. The new building will provide adequate support for any additional laboratory testing and regulatory requirements. The community will enjoy the benefits of the Project, including maintaining effective treatment that provides environmental protection of the San Francisco Bay.

The construction cost of the overall Phase II Project, including the Administration Building and Laboratory, is estimated to be up to $359 million. The effect of these projects on sewer rates are described in more detail in the Sewer Rate and Connection Fee Study, which was prepared by Water Resources Economics and presented to Council on February 18, 20258.

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FISCAL IMPACT

The Adopted FY 2025 through FY 2034 Capital Improvement Program (CIP) includes the mid-range estimates for projects described in the Sewer Improvement Fund (Fund 612).

Table 1 shows the project as described in the approved CIP.

Table 1. Sewer Improvement Fund (Fund 612)
Project No. Description Budget
07786 WRRF New Administration Building and Laboratory $44,979,000 07760 WRRF Phase II Improvements (combining with WRRF
Primary Effluent Flow Equalization Project No. 07749)
$279,725,000
Total $324,704,000

The breakdown for project costs is as follows for Project No. 07786:

Total Administration Building and Laboratory Project Cost Construction Contract (Contractor) $39,970,000
Construction Contingency (10% of Construction Contract) $3,997,000 Engineering Services (previously authorized) $3,074,994 Engineering Services During Construction (Consultant) $1,034,034 Construction Management and Special Inspections (Consultant) $3,428,409 Construction Admin – City Staff (Estimated) $630,000
Building IT Equipment (Estimated) $300,000
Building Security and Systems Programming (Estimated) $100,000 Payment to Building Department for Building Permit (Estimated) $600,000 Total $53,134,437

The total anticipated cost for Project No. 07786 is currently higher than the mid-range estimate in the adopted CIP. Staff will request additional funds be appropriated to cover the additional cost as part of the FY 2026 CIP budget approval process.

As part of the funding strategy, the City intends to finance the project by the U.S.

Environmental Protection Agency’s WIFIA loan program, a newly received grant from the Water Resources Development Act (WRDA), and publicly-sold revenue bonds. The WIFIA loan is expected to be approximately $244 million. On February 18, 20259, City Council authorized the issuance of the 2025 Wastewater Revenue Bonds up to $135 million, which is anticipated to close in late March. In February 2025, Staff was informed that the City’s application for the 2024 WRDA federal award has been approved in the amount of $15 million from U.S. Army Corps of Engineers (USACE). Staff is currently investigating whether there are any conditions or restrictions that would make the use of the award inadvisable.

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STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap of Improve Infrastructure. The Administration Building and Laboratory and Phase II Project will address infrastructure needs and improvements to increase the reliability of the City’s treatment plant and construct process improvements to meet more stringent nutrient limits in accordance with upcoming regulatory requirements, while supporting the goals of City Council.

Specifically, this item relates to the implementation of the following projects:

Confront Climate Crises & Champion Environmental Justice.

Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C14b: Implement Shoreline Master Plan, including mitigating sea level rise in the industrial corridor through building requirements and outreach

Invest in Infrastructure.

Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers Project N19: Update Water Pollution Control Facility Phase II Plan

SUSTAINABILITY FEATURES

The Administration Building and Laboratory will help improve laboratory and City Staff operations. The building’s design will meet State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.) which require a minimal level of energy efficiency, resource conservation, material recycling, etc. In addition, the building will be designed and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification and will be of all-electric design. The Administration Building and Laboratory will also include a 75kW solar array in the parking lot to generate renewable energy. In addition, the new building will use WRRF’s recycled water system to irrigate landscaped areas around the building.

This project will help the City maintain its ability to treat wastewater efficiently and adequately before discharging it into San Francisco Bay. The Phase II Project will help maintain and improve the biology and health of the San Francisco Bay which is vital for the region and the State. The Phase II Project will also satisfy the nutrient removal requirements specified in the 3rd Watershed Permit to reduce nitrogen loads to the Bay.

The effects and risks of rising seawater levels have been reviewed and will be incorporated into the design of the new facilities.

PUBLIC CONTACT

As part of the funding process, an environmental study (Initial Study and Mitigated Negative Declaration) was posted for public review and comment.

There is currently a webpage hosted on the City’s website that posts periodic updates throughout the multi-year duration of the project. This will continue.

NEXT STEPS

Following City Council approval, staff will issue a Notice to Proceed, finalize a PSA with Carollo Engineers, Inc., and finalize a PSA with Brown and Caldwell, California Corporation for the WRRF New Administration Building and Laboratory Project, Project No. 07786.

Staff will return to City Council for approval of the final design plans and specifications, and to call for bids in Fall 2025 for Phase II, Project No. 07760.

The following schedule has been developed for the Administration Building and Laboratory Project:

Award of Construction Contract March 18, 2025
Issue Notice to Proceed April 2025
Construction Completion Fall 2027

The following schedule has been developed for the Phase II Project:

Approval of Plans and Specifications and Call for Bids for Phase II Fall 2025 Construction Completion Summer 2030

Prepared by: Nancy Tran, Assistant Civil Engineer

Reviewed by: Kyle Carbert, Principal Utilities Engineer

Recommended by: Alex Ameri, Director of Public Works

Approved by:

______________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

RESOLUTION APPROVING ADDENDUMS NO. 1, NO. 2, NO. 3, AND NO. 4, AUTHORIZING THE CITY MANAGER TO 1) AWARD A CONSTRUCTION CONTRACT WITH RODAN BUILDERS , INC. , IN AN AMOUNT NOT -TO-EXCEED $43,967,000, 2) AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH

BROWN AND CALDWELL TO INCREASE THE CONTRACT AMOUNT BY
$1,422,748, AND 3) AMEND TO THE PROFESSIONAL SERVICES AGREEMENT

WITH CAROLLO ENGINEERS TO INCREASE THE CONTRACT AMOUNT BY $3,428,409, FOR THE WATER RESOURCE RECOVERY FACILITY’S NEW ADMINISTRATION BUILDING AND LABORATORY, PROJECT NO. 07786 AND WRRF PHASE II IMPROVEMENT PROJECT NO. 07760

WHEREAS, on December 3, 2024, City Council approved the plans and specifications for the Water Resource Recovery Facility’s ( WRRF) New Administration and Laboratory Building Project, Project No. 07786, and called for construction bids to be received; and

WHEREAS, Addendums No. 1, No. 2, No. 3, and No. 4 were issued to make minor revisions to the plans and specifications and to answer bidder clarification questions; and

WHEREAS, on February 11, 2025, in response to the call for construction bids , six (6) bids were received ranging from $39,970,000 to $48,787,000; and

WHEREAS, the City has reviewed the bid forms and determined that Rodan Builders, Inc. is the lowest responsive and responsible bidder with a bid of $39,970,000, which is approximately 9.2% above the engineer’s estimate of $36,600,000; and

WHEREAS, on July 5, 2022, City Council authorized preliminary design services for the Phase II project with Brown and Caldwell in a not-to-exceed amount of $3,849,711 for the WRRF Phase II Improvements Project; and

WHEREAS, on December 6, 2022, City Council authorized the final design services for the Administration Building and Laboratory in the amount of $4,800,000, increasing the total authorized contract amount to $8,649,711; and

WHEREAS, on December 5, 2023, City Council authorized final design services for the WRRF Phase II Improvements Project in the amount of $8,023,017, increasing the total authorized Brown and Caldwell contract amount to $16,672,828; and

ATTACHMENT II

WHEREAS, on March 26, 2024, City Council authorized the initial phase of construction management services contract with Carollo Engineers for an amount not to exceed $949,625.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Addendums No.1, No. 2, No. 3, and No. 4 are hereby approved and adopted as part of the plans and specifications for the project; and

BE IT FURTHER RESOLVED that Rodan Builders, Inc. of Hayward, CA, is hereby awarded the contract for the WRRF New Administration Building and Laboratory Project, Project No. 07786, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, an agreement with Rodan Builders, Inc. in an amount not to exceed $43,967,700 (including administrative change orders) in a form approved by the City Attorney; and

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, an amendment to the existing professional services agreement with Brown and Caldwel l, to increase the contract amount by $1,422,748 to a not -to-exceed amount of $18,095,575 to include engineering services during construction for the WRRF New Administration Building and Laboratory Project, Project No. 07786 and bid services for the WRRF Improvements Phase II, Project No. 07760, in a form approved by the City Attorney; and

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, a n amendment to the existing professional services agreement with Carollo Engineers to increase the contract amount by $3,428,409 to a not -to-exceed amount of $4,378,034 for construction management services for the WRRF New Administration Building and Laboratory Project , Project No. 07786, in a form approved by the City Attorney.

ATTACHMENT II

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

___________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-107
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Awarding a Construction Contract to Cato’s General Engineering, Inc., for the Hesperian Frontage Road Improvement Project, Project No. 05742 in an Amount of $855,225, and Appropriating Additional Funds in the Amount of $162,225 from Street System Improvements - Fund 450

RECOMMENDATION
That City Council adopts a resolution (Attachment II) awarding the construction contract to Cato’s General Engineering, Inc., (Cato’s) in the amount of $855,225 for the Hesperian Frontage Road Improvement Project and appropriating additional funds in the amount of $162,225 from Street System Improvements - Fund 450.

SUMMARY
On December 17, 2024, five (5) bids were received for the Hesperian Frontage Road Improvement Project. Cato’s General Engineering, Inc., of Hayward, CA submitted the low bid in the amount of $855,225, which is 25.4% higher than the Engineer’s Estimate of $682,225. Bear Construction, Inc., of Hayward, CA submitted the second lowest bid in the amount of $884,600 which is 29.6% higher than the Engineer’sEstimate. Suarez & Munoz Construction, Inc., of Hayward, CA submitted the third lowest bid in the amount of $1,284,626 which is 88.3% higher than the Engineer’s Estimate.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
powered by Legistar™

DATE: March 18, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Awarding a Construction Contract to Cato’s General Engineering, Inc., for the Hesperian Frontage Road Improvement Project, Project No. 05742 in the Amount of $855,225, and Appropriating Additional Funds in the amount of $162,225 from Street System Improvements – Fund 450

RECOMMENDATION

That City Council adopts a resolution (Attachment II) awarding the construction contract to Cato’s General Engineering, Inc., (Cato’s) in the amount of $855,225 for the Hesperian Frontage Road Improvement Project and appropriating additional funds in the amount of $162,225 from Street System Improvements – Fund 450.

SUMMARY

On December 17, 2024, five (5) bids were received for the Hesperian Frontage Road Improvement Project. Cato’s General Engineering, Inc., of Hayward, CA submitted the low bid in the amount of $855,225, which is 25.4% higher than the Engineer’s Estimate of $682,225. Bear Construction, Inc., of Hayward, CA submitted the second lowest bid in the amount of $884,600 which is 29.6% higher than the Engineer’s Estimate. Suarez & Munoz Construction, Inc., of Hayward, CA submitted the third lowest bid in the amount of $1,284,626 which is 88.3% higher than the Engineer’s Estimate.

BACKGROUND

The FY23 Median Landscape Improvement Project on Hesperian Boulevard from W.

Winton Avenue to West A Street was recently completed and was the eighth (8th) and final project outlined in the Landscape Median Master Plan for Hesperian Boulevard. During construction of this project, there was evidence of root intrusion around the PG&E gas main from the trees and shrubs in the island along the frontage road next to Hesperian Boulevard from Phillips Way to Sueirro Street. To avoid future failure of the gas main, a project for the roadway island that runs parallel and divides the northbound Hesperian Boulevard and the Hesperian Frontage Road was added to this section of Hesperian Boulevard. This is the last section of the medians on Hesperian Boulevard slated for

improvement.

This project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.

On November 15, 20161, City Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. This agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the Hesperian Frontage Road Improvement Project is less than
$1,000,000, the CWA agreement does not apply to this project.

DISCUSSION

The project primarily consists of:

 Clearing, grubbing and site preparation of the island area.  Reconstruction of island planter curb.
 Installing median nose cap and permeable pavers.
 Provision of metal fence improvements.
 Planting of vine tying to fence, shrub, and groundcover.  Installing irrigation system

Attachment III depicts the project limits for this work.

All existing trees and bushes will be removed to mitigate the root intrusion to avoid damage to the main gas line that runs parallel to the island planters.

The project conforms to Bay-Friendly landscape practices and complies with the City’s Bay-Friendly Landscape and Water Efficient Landscape Ordinance.

ECONOMIC IMPACT

Replacing and improving median landscaping increases safety, enhances the visual appearance of the medians, increases weed control, and reduces the amount of irrigation required. The additional curb improvements increase the longevity of these enhancements resulting in cost savings over time.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=

FISCAL IMPACT

The estimated project costs are as follows:

Construction Contract $855,225
Construction Contingencies 50,000
Preconstruction and Utility Works (provided by Signet
Testing Inc.)
107,000
Planting and Irrigation Landscaping – City Staff 50,000 Design and Administration 50,000
Construction Survey, Inspection and Testing 50,000
TOTAL $1,162,225

The Adopted FY25 Capital Improvement Program (CIP) includes $1,000,000 for the Hesperian Frontage Road Improvement Project in the Street System Improvements – Fund 450. Staff is proposing to appropriate an additional $162,225 in funds from Fund 450 to cover the additional costs, resulting in no impact to the General Fund.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priorities to Confront Climate Crisis & Champion Environmental Justice. Specifically, this item relates to the implementation of the following:

Mitigate climate crisis impacts through resilient design and community engagement

Project C14: Continue to pursue water conservation measures like increasing recycled water supplies.

Project C6: Plant 1,000 trees annually (500 trees per year by City staff; 500 additional trees, by other partners (HARD, CSU, Chabot, and private developers)

SUSTAINABILITY FEATURES

This project includes the installation of a safety barriers fence along with drought tolerant plants to reduce the amount of water usage including installation of an efficient irrigation system. The project will implement Bay-Friendly Landscaping techniques to use native and climate appropriate plants for the frontage islands. All material generated during construction and demolition be sent to designated facilities for recycling.

PUBLIC CONTACT

Because of the temporary inconvenience that is expected to be caused by the work in the median, immediately after the construction contract is awarded, a preliminary notice

explaining the project will be distributed to the businesses and residences along the frontage road adjacent to the limits of work. After the construction work has been scheduled, businesses will be notified at least seventy-two hours prior to commencement of work.

NEXT STEPS

Begin Construction April 2025
Complete Construction June 2025

Prepared by: Hector Leuterio, Assistant Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

___________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-

Introduced by Council Member

RESOLUTION APPROVING CONSTRUCTION OF THE HESPERIAN FRONTAGE ROAD IMPROVEMENT, PROJECT NO. 0574 2, AWARDING THE
CONSTRUCTION CONTRACT TO CATO’S GENERAL ENGINEERING , INC., AND APPROPRIATE ADDITIONAL FUND S IN THE AMOUNT OF $162,225 FROM STREET SYSTEM IMPROVEMENTS – FUND 450

WHEREAS, by Resolution No. 2 4-224 on November 19 , 202 4, the City Council approved the plans and specifications for the Hesperian Frontage Road Improvement, Project No. 05742, and called for bids to be received on December 17, 2024;

WHEREAS, Five (5) bids were received, ranging from $855,225 to $1,560,570; Cato’s General Engineering Inc., of Hayward, California submitted the lowest bid in the amount of $855,225, which is 25.3% higher than the Engineer’s Estimate of $682,225.

WHEREAS, the project total cost is estimated to be $1,162,225; and

WHEREAS, additional funds appropriated to the Project are needed to support the construction, design and administration, inspection and construction management for the project.

WHEREAS, appropriating additional funds in the amount of $162,225 from the Street System Improvements – Fund 450.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Hayward that the City Manager is authorized to award to Cato’s General Engineering, Inc., a construction contract for the Hesperian Frontage Road Improvement, Project No. 05742 in the amount of $855,225 with a contract change order budget of $50,000 for a total not-to-exceed contract amount of $905,225, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward at and for the price named and stated in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Cato’s General Engineering Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-108
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Approve the Amended Ground Lease for California Department of General Services for the California Military Department on a Parcel of Land at Hayward Executive Airport

RECOMMENDATION
That City Council adopts the attached resolution (Attachment II) authorizing the City Manager to approve the Amended Ground Lease for the property located at 1525 West Winton Avenue, Hayward, CA at the Hayward Executive Airport.

SUMMARY
Airport staff monitors the capital and operating budgets to reduce cost and enhance revenue. The improvements to revenue are most commonly through the implementation of new and renegotiated leases with adjusted lease rates. The objective, in conformance with City Council directives and Federal Aviation Administration (FAA) policy, is to become and remain financially self-sufficient.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
powered by Legistar™

DATE: March 18, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Approve the Amended Ground Lease for California Department of General Services for the California Military Department on a Parcel of Land at Hayward Executive Airport

RECOMMENDATION

That City Council adopts the attached resolution (Attachment II) authorizing the City Manager to approve the Amended Ground Lease for the property located at 1525 West Winton Avenue, Hayward, CA at the Hayward Executive Airport.

SUMMARY

Airport staff monitors the capital and operating budgets to reduce cost and enhance revenue.

The improvements to revenue are most commonly through the implementation of new and renegotiated leases with adjusted lease rates. The objective, in conformance with City Council directives and Federal Aviation Administration (FAA) policy, is to become and remain financially self-sufficient.

BACKGROUND

The Airport operates as an enterprise fund and relies solely upon the revenue it generates to fund its operating and capital improvement budgets. It does not receive financial support from the City’s General Fund. Both the City Council and the FAA support initiatives to make the Airport financially sufficient. After considering relocation to other facilities in the Bay Area, the California Military Department has opted to remain in Hayward and requests to amend the lease with a term from July 1, 2025 until June 30, 2028.

In addition to revenue, the lease will provide employment opportunities for local members of the California National Guard. This organization provides emergency and humanitarian assistance for California residents, among other duties.

DISCUSSION

All provisions of this Site Lease including the existing monthly rent amount of $4,077.24, remain the same and in full force and effect. The term of the Lease is for a fixed period,

commencing on the effective date of July 1, 2025 and expiring on June 30, 2028, unless earlier terminated by either party.

ECONOMIC IMPACT

This lease will provide additional revenue through extensions of the lease term.. This lease will also provide employment opportunities for local members of the California National Guard. This organization provides emergency and humanitarian assistance for California residents, among other duties.

FISCAL IMPACT

There is no financial impact to continued revenue to Airport fund.

STRATEGIC ROADMAP

The agenda item does not directly relate to the six priorities outlined in the City Council’s Strategic Roadmap.

SUSTAINABILITY FEATURES

The Airport is strongly committed to developing projects that are environmentally responsible. Therefore, staff will ensure that all plans for improvements proposed by the developer incorporate features that are commensurate with the City’s sustainability guidelines.

PUBLIC CONTACT

The agenda and staff report for this item have been posted on the City’s website.

NEXT STEPS

If approved by City Council, staff will prepare the Amendment for execution by the City Manager.

Prepared by: Doug McNeeley, Airport Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

__________________________________
Dr. Ana Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A FIRST AMENDMENT TO THE GROUND LEASE WITH THE STATE

OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES FOR THE

CALIFORNIA MILITARY DEPARTMENT

WHEREAS, the City of Hayward (“City”) owns and operates Hayward Executive Airport (“Airport”); and

WHEREAS, Lessor and Lessee entered into a Commercial Aviation Ground Lease dated May 1, 2014 for property located at 1525 West Winton Avenue; and

WHEREAS, the Commercial Aviation Ground Lease expires on June 30, 2025; and

WHEREAS, the parties desire to amend the term of the aforesaid Lease; and

WHEREAS, the First Amendment has an effective date of July 1, 2025 and shall expire June 30, 2028, unless earlier terminated under any provisions of this Lease.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Hayward authorizes the City Manager to negotiate and execute the First Amendment to the Aviation Ground Lease with the State of California Department of General Services for the California Military Department, in a form to be approved by the City Attorney, extending the lease to June 30, 2028.

IN COUNCIL, HAYWARD, CALIFORNIA , 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-109
DATE: March 18, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance Amending Chapter 2, Article 3, Sections 2-3.90, 2-3.91, 2-3.92, 2-3.93 of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action Is Exempt from CEQA Review

RECOMMENDATION
That the Council adopts the Ordinance introduced on March 4, 2025.

SUMMARY
This item entails adoption of an Ordinance amending Chapter 2, Article 3, Sections 2-3.90, 2-3.91, 2-3.92, and 2-3.93 of the Hayward Municipal Code, regarding the Community Services Commission, introduced on March 4, 2025, by Council Member Roche.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance Published 3/14/2025
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
powered by Legistar™

DATE: March 18, 2025

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt an Ordinance Amending Chapter 2, Article 3, Sections 2-3.90, 2-3.91, 2-

3.92, and 2-3.93 of the Hayward Municipal Code, Relating to the Community Services Commission; and Finding that the Action Is Exempt from CEQA Review

RECOMMENDATION

That the Council adopts the Ordinance introduced on March 4, 2025.

SUMMARY

This item entails adoption of an Ordinance amending Chapter 2, Article 3, Sections 2-3.90, 2-

3.91, 2-3.92, and 2-3.93 of the Hayward Municipal Code, regarding the Community Services Commission, introduced on March 4, 2025, by Council Member Roche.

BACKGROUND

The Ordinance was introduced by Council Member Roche, at the March 4, 2025, meeting of the City Council with the following vote:

AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

The motion included an amendment to the Separation of Roles section to read as follows:

“Commissioners may advocate for policy positions as private residents on issues outside their commission’s purview. When acting as private residents, commissioners should not use their title or position when advocating for issues outside the scope of their commission’s work, nor may they represent their personal views as endorsed by the commission or the City Council.” Commissioners may identify themselves by their title when advocating as

private residents but must state that their views are personal and do not represent the commission or the City Council”.

STRATEGIC ROADMAP

This agenda item is designed to align the City’s commissions’ work with the City’s goals. By improving their roles and responsibilities, these changes will help the City to better engage with the community, improve governance, and use resources effectively to meet the needs of Hayward residents.

FISCAL IMPACT

There is no fiscal impact associated with this report.

PUBLIC CONTACT

The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, March 14, 2025. Adoption, at this time, is therefore appropriate.

NEXT STEPS

The Hayward Municipal Code and other related documents will be updated accordingly.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

_____________________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAYWARD AMENDING SECTIONS 2-3.90, ET SEQ. , OF THE HAYWARD MUNICIPAL CODE , RELATING TO THE COMMUNITY SERVICES COMMISSION; AND FINDING THAT THE ACTION IS EXEMPT FROM CEQA REVIEW Section 1. Section 2-3.90, et seq. of the Hayward Municipal Code is amended to read in full as follows:

COMMUNITY SERVICES COMMISSION

SEC. 2-3.90 POLICY.

SEC. 2-3.91 COMMUNITY SERVICES COMMISSION MEMBERS.

SEC. 2-3.92 THE COMMUNITY SERVICES DIVISION.

SEC. 2-3.93 POWERS AND DUTIES.

Section 2. California Environmental Quality Act. Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act (“CEQA”), under Public Resource Code Section 21065 and CEQA Guidelines Section 15320, 15378, and 15061(b) (3) as there is no possibility that such action would cause either a direct, or reasonably foreseeable indirect, physical change in the environment.

Section 3. If any section, subsection, paragraph, or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid, or beyond the authority of the City of Hayward by a court of competent jurisdiction, such a decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

Section 4. The effective date of this Article shall be thirty (30) days after its adoption by the City Council.

Introduced at a regular meeting of the City Council of the City of Hayward, held the 4th day of March 2025, by Council Member Roche.

This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on the 18th day of March 2025, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Coun cil Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583- 4400.

Dated: March 14, 2025
Miriam Lens, City Clerk
City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-110
DATE: March 18, 2025
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Mr. Douglas Mansel from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION
That the City Council adopts a resolution accepting the resignation of Mr. Douglas Mansel from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY
Mr. Douglas Mansel was appointed to the Keep Hayward Clean and Green Task Force on September 21, 2021, and reappointed on September 17, 2024. Mr. Douglas Mansel’s resignation becomes effective immediately, per his resignation letter (Attachment III).

Mr. Douglas Mansel vacated position will be considered as part of the annual appointment process for City appointed officials.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 3/13/2025Page 1 of 1
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DATE: March 18, 2025

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt a Resolution Accepting the Resignation of Mr. Douglas Mansel from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION

That the City Council adopts a resolution accepting the resignation of Mr. Douglas Mansel from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY AND DISCUSSION

Mr. Douglas Mansel was appointed to the Keep Hayward Clean and Green Task Force on September 21, 2021, and reappointed on September 17, 202 4. Mr. Douglas Mansel’s resignation becomes effective immediately, per his resignation letter (Attachment III).

Mr. Douglas Mansel vacated position will be considered as part of the annual appointment process for City appointed officials.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC INITIATIVES

The agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION No. 25-_____

Introduced by Council Member ________________

RESOLUTION ACCEPTING THE RESIGNATION OF MR. DOUGLAS MANSEL

FROM THE KEEP HAYWARD CLEAN AND GREEN TASK FORCE

WHEREAS, Mr. Douglas Mansel was appointed to the Keep Hayward Clean and Green Task Force on September 21, 2021; and

WHEREAS, Mr. Douglas Mansel was reappointed on September 17, 2024; and

WHEREAS, Mr. Douglas Mansel submitted a resignation letter on February 25, 2025.

NOW, THEREFORE, BE IT RESOLVED by t he City Council of the City of Hayward that the City Council hereby accepts the resignation of Mr. Douglas Mansel; and commends him for his civic service to the City.

IN COUNCIL, HAYWARD, CALIFORNIA, ________________________

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III
From: Douglas Mansel
Sent: Tuesday, February 25, 2025 9:50 AM
To: Todd Rullman <[email protected]>; Miriam Lens <Miriam.Lens@hayward- ca.gov>
Cc: Angela Andrews <[email protected]>; melissa milleman; Colleen Kamai <[email protected]>
Subject: Re: Fw: KHCGTF Attendance
Miriam and Todd,
I have decided to resign from the Task Force. I appreciate the communications yesterday and recognition that I have contributed a significant amount of time to the Task Force, notwithstanding my absences in August 2024 due to a pre-scheduled family vacation, including many "make up" community events (e.g., Downtown Street Parties, Science in the Park, Airport Open House) as well as numerous policy subcommittee and leadership meetings. I understand that attendance is an objective measure to gauge participation and engagement. Unfortunately, I don't think my work schedule and personal commitments outside the Task Force will allow me to continue volunteering and regularly attending Task Force meetings / clean-up events without missing one. I will likely miss the March 2025 business meeting due to work travel, and I will likely miss the Oct. 2025 clean-up (but not the business meeting) due to a pre-scheduled family vacation (just like 2024). So, it seems I'm not a good fit for the Task Force any longer.

I am very happy to have served the Council and community on the Task Force for several years now, and I wish Todd, Colleen, and Melissa all the best in the coming year. I will continue with my small Adopt-A-Block clean-ups adjacent to my neighborhood. Thank you, --Doug
Douglas Mansel

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 25-012
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Development Services

SUBJECT
Tree Preservation Ordinance: Work Session on Proposed Text Amendments to the Hayward Municipal Code for the Adoption of an Updated Tree Preservation Ordinance

RECOMMENDATION
That the City Council review and provide feedback, as appropriate, on the draft Tree Preservation Ordinance.

SUMMARY
Hayward Municipal Code Chapter 10, Article 15, Tree Preservation Ordinance, contains guidelines for the preservation of existing trees and the process for removing, replacing, and mitigating the loss of trees covered by the Ordinance. A comprehensive update of the Ordinance, which was last amended in 2002, was included as Program NR-61 of the Natural Resources Element of the General Plan and Special Project CP7 under Champion Climate Resilience and Environmental Justice in the 2025 Strategic Roadmap.

In May 2023, the City hired Dudek to help prepare updates to the City’s Tree Preservation Ordinance, complete a citywide Tree Canopy Survey, and prepare landscaping guidelines for the Hayward Executive Airport. The proposed Amendments are based on best practices in the field of tree preservation, landscape architecture, and support the broader equity, environmental, and sustainability goals of the City.

On September 17, 2024, the City Council held a work session to provide feedback on several key policies for inclusion in the Ordinance. City Council expressed support for the preservation requirements for native trees on private property; the addition of a heritage trees designation; establishing mitigation for the loss of tree canopy; and establishing an in-lieu fee option that could be available for off-site mitigation. The City Council requested additional clarification on the process involved for Heritage Tree removal, how canopy requirements would be incorporated into the development review process, and how the in-lieu fee will be used, including ways to lessen the financial impacts to the community for replacing and caring for protected trees.

CITY OF HAYWARD Printed on 3/13/2025Page 1 of 2
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File #:WS 25-012
In response to the comments received from both the Planning Commission and City Council, staff and the consultant team made several revisions to the draft Ordinance, which are discussed in greater detail in the staff report.

ATTACHMENTS
Attachment I Staff Report
Attachment II Draft Ordinance
Attachment III Summary of Proposed Revisions
CITY OF HAYWARD Printed on 3/13/2025Page 2 of 2
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DATE: March 18, 2025

TO: City Council

FROM: Development Services Director

SUBJECT: Tree Preservation Ordinance: Work Session on Proposed Text Amendments to the Hayward Municipal Code for the adoption of an updated Tree Preservation Ordinance

RECOMMENDATION

That the City Council review and provide feedback, as appropriate, on the draft Tree Preservation Ordinance.

SUMMARY

Hayward Municipal Code Chapter 10, Article 15, Tree Preservation Ordinance (the Ordinance), contains guidelines for the preservation of existing trees and the process for removing, replacing, and mitigating the loss of trees covered by the Ordinance. A comprehensive update of the Ordinance, which was last amended in 2002, was included as Program NR-61 of the Natural Resources Element of the General Plan and Special Project CP7 under Champion Climate Resilience and Environmental Justice in the 2025 Strategic Roadmap.

In May 2023, the City hired Dudek to help prepare updates to the City’s Tree Preservation Ordinance, complete a citywide Tree Canopy Survey, and prepare landscaping guidelines for the Hayward Executive Airport. The proposed amendments are based on best practices in the field of tree preservation, landscape architecture, and support the broader equity, environmental, and sustainability goals of the City.

On September 17, 2024, the City Council held a work session to provide feedback on several key policies for inclusion in the Ordinance. City Council expressed support for the preservation requirements for native trees on private property; the addition of a heritage trees designation; establishing mitigation for the loss of tree canopy; and establishing an in-lieu fee option that could be available for off-site mitigation. The City Council requested additional clarification on the process involved for Heritage Tree removal, how canopy requirements would be incorporated into the development review process, and how the in-lieu fee will be

used, including ways to lessen the financial impacts to the community for replacing and caring for protected trees.

In response to the comments received from both the Planning Commission and City Council, staff and the consultant team made several revisions to the draft of the Ordinance.

BACKGROUND

The City of Hayward adopted a Tree Preservation Ordinance in the late 1950s, establishing a need to classify and preserve significant trees based on size and species. There have been two updates since then, in 1971 and 2002. These updates ranged from minor updates to more significant policy changes, with the most substantial updates occurring in 2002.

Since the last update in 2002, the City’s population has grown significantly leading to a higher demand for additional housing and non-residential development. To address the housing crisis in California, the State recently enacted new legislation intended to streamline development review processes and spur new housing construction. These new laws required changes and updates to the City’s General Plan1, Zoning Ordinance, and related development standards to allow for by right higher-density developments. However, many projects located on infill sites require the removal of existing mature trees and a reduction in the amount of landscape area to accommodate the new development thus limiting an applicant’s opportunity to mitigate tree removals on the development site as required by the current Ordinance requiring flexibility and alternatives for compliance with the Ordinance. The proposed changes to the Ordinance update covers three main areas:

 A comprehensive review and update of the City’s existing Tree Preservation Ordinance, and related Zoning Regulations, to reflect best practices;  An update to the landscape design guidelines for projects near the Hayward Executive Airport to ensure that landscaping in the vicinity of the Airport is appropriate to deter wildlife and ensure public safety within established FAA flight safety zones; and
 Completion of a tree canopy survey, which mapped all trees located on public and private property, open space and natural resource areas, creek and riparian areas and within golf courses. The survey is a tool to establish a baseline for current tree canopy citywide and help identify areas of Hayward that are currently underserved with tree canopy.

Since 2002, the State of California and City of Hayward have adopted several goals and policies that focus on sustainability and the reduction of greenhouse gas emissions associated with climate change and related environmental impacts. The State adopted Senate Bill 322 and Assembly Bill (AB) 323, known as the Global Warming Solutions Act of 2006, among other actions. The City of Hayward adopted the Shoreline Adaptation Master Plan (2021) to combat sea-level rise; updates to the Climate Action Plan4 (2009 and 2024) adopting specific Goals, Policies and Programs to reduce our carbon footprint and

1 Hayward General Plan. https://www.hayward-ca.gov/2040-General-Plan 2 Senate Bill 32 (2006). https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB32 3 California Air Resources Board AB32. https://ww2.arb.ca.gov/resources/fact-sheets/ab-32-global-warming-solutions-act-2006 4 Hayward Climate Action Plan webpage. https://www.hayward-ca.gov/services/city-services/climate-action

greenhouse gas emissions; amendments to the Hazards Element to address extreme heat, drought, wildfire risk and sea level rise among others; and, adoption of an Environmental Justice Element (2024) to support public health.

The adopted Climate Action Plan and related General Plan Natural Resources (NR) Element5 contains specific goals, policies and programs related to updates of the Tree Preservation Ordinance and related activities including but not limited to:

 Policy NR-1.1 - Native Wildlife Habitat Preservation
 Policy NR-1.2 - Sensitive Habitat Preservation
 Policy NR-1.7 - Native Tree Preservation
 Policy NR-1.9 - Native Plant Species Preservation and Promotion  Policy NR-2.4 - Community Green House Gas Reduction
 Policy NR-6.5 - Erosion Control
 Policy NR-6.9 - Water Conservation
 Policy NR-6.14 - Native and Drought Tolerant Landscaping  Policy NR-615 - Native Vegetation Planting
 Policy NR-61.16 - Landscape Ordinance Compliance
 Program NR-61 (CAP Action CS-1.1). Update the Tree Preservation Ordinance by Q2 2024 to maintain existing carbon stock and identify replacement trees that are climate resilient and drought tolerant for Hayward’s climate.

Ordinance updates may include development requirements to protect or replace value-to-value existing trees and greenspace; and a requirement for a cash mitigation fee equal to the value of trees removed.  Program NR-66 (CAP Action CS-1.6). Conduct an urban canopy study to identify areas in Hayward that have below average canopy coverage and implement a tree planting program focusing on the least covered portions of the City. Establish a goal of having no significant difference in canopy coverage between high and low-income areas citywide by 2030.

City Council Work Session: On September 17th, 2024, the City Council held a work session to review several of the proposed policy updates recommended by staff. The City Council was generally supportive of the recommended updates, including the following:

 The protection of native trees on private property and the recognition of the importance of native trees to the environment;
 The addition of heritage trees to the Ordinance as well as the support for a higher level of discretionary review for approving removal;
 The addition of mitigation requirements for loss of tree canopy as a means of expanding the overall canopy coverage of Hayward;
 The establishment of an in-lieu fee for tree mitigation with a request to bring back how the fee would be utilized and for a portion of the fee to be used to assist property owners maintain trees; and

5 Hayward General Plan Natural Resources Element. https://www.hayward-ca.gov/your-government/documents/general-plan/natural-resources-element

 The creation of a sliding scale fee for the tree removal permit to decrease costs to property owners and incentivize acquiring the removal/pruning permit.

Planning Commission Work Sessions: On September 26, 20246, the Planning Commission held a study session to consider the proposed amendments. Overall, the Commission was supportive of the proposed major policy updates to the Ordinance including new protections for heritage trees; a requirement to replace lost tree canopy; and the addition of an in-lieu fee option for tree mitigation, which would provide developers an option to maximize the development potential on-site while simultaneously establishing a funding mechanism to plant additional trees in areas of the City currently underserved with tree canopy. The Commission was less supportive of protecting native trees on private property without further consideration of the economic impact to property owners and was concerned about the added costs of tree care for property owners if trees were to become protected with adoption of the proposed updates. The Commission also expressed concern with several policy recommendations and requested staff continue to explore the following topics prior to finalizing the draft Ordinance, including:

1. Preservation of native trees on private property;

2. Heritage tree designation and process/consideration for removal;

3. Mitigation requirement for development project;

4. Amount and use of in-lieu fees;

5. The penalty for the removal of a Protected Tree without a permit; and

6. Reduced duration of a tree removal permit.

On February 27, 2025, the Planning Commission held a second work session to review the updated recommendations in the draft Ordinance. Overall, the Commission supported staff’s proposals, including protecting native trees in rear yards on private property, incorporating Heritage trees, and establishing criteria for tree removal. They also supported maintaining the appraised value method for tree mitigation in development projects, adding an in-lieu fee option for more flexibility for developers and homeowners, and reducing the Tree Removal Permit duration from one year to three months.

Additionally, the Commission encouraged extensive community outreach once the Ordinance is adopted to educate the public about the benefits of trees. They also requested clarification on how in-lieu fees would be used, suggesting the fees could help mitigate the financial burden on homeowners maintaining their trees.

DISCUSSION

Native Trees on Private Property. Staff recommends that all native trees on private property be considered protected by this update to the Ordinance. Native trees in rear yards generally make up a small portion of trees on private property, but their positive impact on the environment far surpasses non-native trees by providing mature shade canopies, habitat to support native wildlife, and require minimal water use and maintenance. For the purposes of this ordinance, “native” trees are defined as those trees that grow naturally (minimal water, non-invasive) to the Hayward area. Protecting native trees on private property ensures that the removal of a native tree is mitigated with the planting of new native trees as well as

6 Planning Commission Work Session. https://hayward.legistar.com/LegislationDetail.aspx?ID=6868945&GUID=40CB2824-5A04-4B49-AD88-3073AA82B56D&Options=&Search=

providing oversight and preservation when native trees require pruning. To address the Commissions’ concerns regarding the impact to property owners, staff recommends the following process:

Tree Removal Permit. A Tree Removal Permit would be required to remove a native tree on private property but instead of requiring an arborist report and requiring mitigation based on the overall appraised value, staff is proposing a two-to-one mitigation requirement with 24” box trees until the tree is established. The current fee for a Tree Removal Permit is $587 and the planting of (2) 24” box replacement trees is valued at approximately $1,000. This proposed mitigation would likely reduce the overall cost to homeowners because applying the appraised value of the removed tree as the required mitigation, as originally proposed, can pose a significant financial burden as many mature native trees are routinely appraised between $20,000- $40,000, or more. For requests of three or more native trees removed from private property, staff recommends that the current method of mitigation which is based on the appraised value of the trees to be removed, would remain unchanged. This would allow additional flexibility for applicants wanting to remove only one or two trees but would discourage the removal of multiple native trees on a property.

Tree Removal Permit Fee. As part of the Ordinance update, staff is recommending a sliding scale fee be adopted for Tree Removal Permit, based on the number of trees proposed for removal. Based on staff review of previously approved Tree Removal Permits, a majority of homeowners would actually see a reduction in the permit fee, which makes up a majority of tree removal requests. Staff are also recommending that the permit fee be waived entirely if the applicant can demonstrate the tree is dead or dying or provides evidence that the tree poses an eminent danger to health, life safety, or property. Applicants would still be required to submit a permit application to ensure the loss of the tree is mitigated, but no permit fee would be assessed for these exceptions. Staff believes this revision would provide a more equitable solution that reduces the overall cost to the property owner.

Tree Pruning Permit. For pruning of native trees on private property, staff is recommending the current Tree Pruning Permit requirement remain but recommends the permit fee be reduced, commensurate with the amount of staff time needed to review the permit. The current Tree Pruning Permit fee, which was recently revised in the Master Fee Schedule, is $587. Historically, the City does not receive many applications for a Tree Pruning Permit from individual homeowners. Instead, the City has issued Tree Pruning Permits to landscape contractors who are hired on behalf of homeowners to prune one or more trees on a property. Staff believes the reduced fee associated with the Tree Pruning Permit will incentivize compliance and allow the City to better monitor and anticipate tree maintenance schedules. Tree Pruning Permits are an important way to verify that any pruning activities are reviewed by a certified arborist to ensure the tree(s) continue to remain healthy and undamaged.

Heritage Trees Designation and Removals. The Planning Commission was supportive of adding a definition of Heritage Trees to the Ordinance session but requested further information about the designation and removal process. In order to be defined as a Heritage Tree, staff

recommends that at least two of the following criteria be met:

a. Native Tree: The tree is a native species of Hayward, as listed in Section 10-

15.14 at mature size depending upon the species (Attachment II). b. Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species. Note that such trees may be protected through other local, state, or federal regulations. c. Horticulture Significance: The tree is rare or significant in the horticultural development of Hayward.
d. Historical Significance: The tree has historical connection to the City of Hayward, including original plantings that coincide with historical events in the City.
e. Cultural Significance: The tree has cultural connection to the City of Hayward per historical documents or refences.

In addition to defining a Heritage Tree, the Planning Commission and City Council were supportive of establishing a higher level of discretion when considering the request to remove a Heritage Tree. As such, staff is recommending that the removal of a Heritage Tree follow the existing Site Plan Review process, which does require public noticing but does not necessarily require a public hearing. Staff believes this approach would allow the public an opportunity to comment on the more significant trees proposed for removal and provide a framework that allows stakeholders to appeal a decision. Similar to other discretionary reviews, staff is proposing specific findings be made for the removal of Heritage Trees, which are reflected in Section 10-15.22 of the draft Ordinance (Attachment II).

In addition, staff added a list of considerations that should be considered when removing a Heritage Tree. Specifically, a heritage tree may be approved only if the reviewing body finds the burden to the Applicant in preserving the tree outweighs the benefit to the public. In making the foregoing determinations, staff recommends the following factors be considered:

1. Reasons for why the tree is considered a Heritage Tree, and the subsequent benefits it provides.

2. The contribution of the tree to the character of the site, local ecology, and the neighborhood.

3. Species, health condition and value of the tree.

4. Whether the tree is part of an important grove of trees.

5. The visibility of the tree to the neighborhood and the public.

6. Whether the development provides a public benefit.

7. Whether measures short of removing the tree can be employed consistently with the development.

Mitigation for Development Projects. In general, tree mitigation is the process whereby the City ensures that a property owner or developer adequately offsets the loss of tree(s) by requiring installation of new trees that are proportionate in cost or size to those trees removed. Currently, the City applies the appraised value of trees to determine the amount of

tree mitigation required, as determined by a licensed arborist, following the submittal of an arborist report. For development projects, staff is recommending the appraised value method be maintained as the primary method for determining the amount of mitigation required; however, staff is recommending that development projects include canopy replacement if the tree types proposed by an applicant do not maximize canopy coverage, as determined by the City’s Landscape Architect. Maintaining the appraised value of the removed trees as the primary mitigation method eliminates the confusion of having two metrics, while providing the option and flexibility for staff to collaborate with developers to ensure maximum tree canopy is considered and included in the project design.

In Lieu Fees. As part of the update to the Ordinance, staff is recommending an in-lieu fee be provided as an option to provide additional flexibility to applicants when the total appraised value of removed trees cannot be planted on site due to limited space. Specifically, staff recommends that the value of the in-lieu fee be set at 125%, minus any value of trees to be planted onsite. While the proposed in-lieu fee would exceed the value of the tree to be removed, the additional 25% assessment would help to cover staff time to purchase, install and manage the trees in addition to cover on-going maintenance costs.

If adopted the City will more clearly define specific use of the funds, however, staff believes that the monies could be used for planting and maintenance of new native trees in underserved areas of the City, based upon data from the Tree Canopy Survey. In addition to planting in underserved areas, the in-lieu fee could be used to provide limited support for pruning of native trees on private property to reduce the financial burden to certain low- income households and/or could be allocated to support local non-profit organizations to support the City’s efforts towards tree plantings at City events.

Tree Removal Penalty. The current penalty for removing a protected tree without first obtaining a Tree Removal Permit is twice the amount of the Tree Removal Permit fee, as reflected in the Master Fee Schedule. In addition to the penalty an applicant or homeowner would be required to pay, the applicant or homeowner would still need to mitigate the loss of that tree, similar to the mitigation requirement for other Tree Removal Permits. Staff recommends keeping the current penalty for removal of trees in place except that mitigation for the lost tree(s) would follow the updated guidelines.

Permit Duration. As discussed in previous work sessions, staff is recommending the duration of the Tree Removal Permit be reduced from one year to three months. Currently, Tree Removal Permits are valid for one year, which is difficult for staff to manage and has resulted in challenges for Code Enforcement trying to require replacement mitigation months later. As such, staff proposes to reduce the permit duration to three months, with an additional three- month extension upon request. Reducing the permit duration incentivizes applicants to remove unhealthy trees in a timely manner to minimize any public safety or property risks while ensuring any replacement trees are planted more quickly.

Misc Updates. In addition to the recommendations listed above, staff is adding the following provisions to ensure the draft Ordinance is consistent with State and local regulations and provide clarity to applicants as they proceed through the planning entitlement process:

 Add Section 10-15.16 (Attachment II), which protects migratory and nesting birds,

as required by State Law.
 Add Section 10-15.18, which codifies many of the tree preservation and protection techniques that get added to construction and development projects. Currently staff adds these techniques as a condition of approval for development projects at the entitlement stage but adding this to the Municipal Code ensure that any activity, regardless of planning entitlement, follows the same techniques.  Add Section 10-15.20, which establishes a list of restricted activities that could inadvertently harm or damage tree(s).
 Add Section 10-15.26 to provide a list of Exemptions that allow applicants to remove trees that are dying or dead, considered hazardous or conflict with FAA safety guidelines around the Hayward Executive Airport.

ECONOMIC IMPACT

Economic Impacts associated with the recommended updates to the Tree Preservation Ordinance include a possible increase in a staff position to monitor the increase of permits for tree removal for native trees on private property, which would be offset by better cost recovery by creating a sliding scale for permits based on the number of trees requested to be removed.

FISCAL IMPACT

No fiscal impact to the City’s General Fund is anticipated with the update to the Tree Preservation Ordinance. Additional staff resources may be needed to implement the protection of native trees on private property as well as planting, pruning and routine maintenance on City owned properties, including street trees.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap priorities to confront Climate Crisis and Champion Environmental Justice.

 C11: Update the Tree Preservation Ordinance

PUBLIC OUTREACH

Public outreach efforts on the updates to the Tree Preservation Ordinance have entailed a series of targeted focus group meetings, an online survey, face-to-face interviews, and creating a project webpage to solicit feedback and provide project updates. Additional details on public outreach efforts to date are provided below:

Targeted Focus Group Meetings. To ensure the updated Tree Preservation Ordinance considers and incorporates the priorities of people who live and work in Hayward, an online survey was distributed to various Focus Groups. The Focus Groups included Developers, Landscape Architects, Arborists, Environmental Groups, Homeowner Associations, Mobile Home Parks, Neighborhood Groups, and other stakeholders, including PG&E. Additionally, staff met with internal stakeholders from Planning, Code Enforcement, Building, Public Works

Engineering, Public Works Utilities and Environmental Services, Public Works Transportation, Landscape Maintenance, and the Hayward Executive Airport to discuss the potential impacts and components of the updated Tree Preservation Ordinance. Each Focus Group was given two weeks to complete the survey and was invited to a follow-up meeting, which highlighted the issues and opportunities that each group was interested in. The summarized feedback received from all the Focus Groups was to provide more flexibility with mitigating tree removals, updating inconsistencies or ambiguities in the current Ordinance, establish a more equitable fee structure that fluctuates depending on the number of trees to be removed, and establish policies that support habitats for wildlife and migratory birds.

Public Events. In October 2023, staff attended a series of public events, including the Hayward Farmers Market and Trunk-or-Treat event to promote the Tree Preservation Ordinance. Staff discussed the project with interested parties and encouraged residents to complete an online survey as well as participate in a hands-on activity to share their views on the benefits of trees in an urban environment. Staff also conducted two face-to- face interviews with stakeholders interested in taking the survey but unable to take the survey online. Postcards provided in English, Spanish and Mandarin included a QR code linking to the Tree Preservation Ordinance update webpage.

Project Webpage. In early October 2023, staff launched a webpage7 that provides regular project updates and information related to the Hayward Tree Preservation Ordinance. The webpage also contains staff contact information, indicates key project milestones, and provides members of the public access to the draft Tree Preservation Ordinance. Once the draft Ordinance is finalized, the webpage will be updated to allow the community the ability to review and provide comments. An email notification will be sent to the community stakeholders and information about the draft will be sent in the Stack and included in various social media platforms.

Online Survey. In addition to the Focus Group meetings, a broader public outreach effort took place through an online survey, which was developed to give the public an additional opportunity to give their opinions on the Tree Preservation Ordinance and get a better understanding of interests, opportunities, and concerns tied to the project. The survey was available in English, Spanish, Mandarin and other languages upon request and was open from October 20, 2023, to April 2, 2024, and a link was made available on the project webpage and featured in a Stack Extra article published in early November 2023.

The online survey received a total of 219 responses, which indicates the top three benefits of trees, as ranked by the responses, are: improving the environment (air quality, water and pollution), providing shade and reducing the heat island effect in neighborhoods, and providing habitat for wildlife.

Stakeholder Public Notices. On March 7, 2025, postcard notices about this Work Session were emailed and mailed to 344 community members, stakeholders and interested parties who requested to be notified about the project.

7 Hayward Tree Preservation Ordinance Update Webpage. https://www.hayward-ca.gov/your-government/departments/planning-division/tree-preservation-ordinance-update-project

NEXT STEPS

Following review and feedback from the Planning Commission and City Council, staff will complete the revised draft Tree Preservation Ordinance and release it for public review and comment. Staff expect the final Ordinance to be completed and presented to the City Council for consideration by late Spring 2025.

Prepared by: Peter Jensen, Landscape Architect
Jeremy Lochirco, Planning Manager

Recommended by: Sara Buizer, AICP, Director of Development Services

Approved by:

_________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

ARTICLE 15

TREE PRESERVATION

Section Subject Matter
10-15.10 PURPOSE AND INTENT
10-15.11 DEFINITIONS
10-15.12 APPLICATION OF THE ORDINANCE
10-15.13 NON-LIABILITY OF THE CITY
10-15.14 PROTECTED TREES
10-15.15 PRESERVATION OF PROTECTED TREES
10-15.16 NESTING BIRDS
10-15.17 REQUIRED STREET TREES FOR DEVELOPMENT

PROJECTS
10-15.18 REQUIRED TREE PROTECTIONS FOR CONSTRUCTION

AND DEVELOPMENT PROJECTS
10-15.19 MEMORIAL AND HERITAGE TREES
10-15.20 RESTRICTED ACTIONS
10-15.21 PERMITS AND REPLACEMENT REQUIREMENTS
10-15.22 REQUIRED FINDINGS FOR PERMIT APPROVAL
10-15.23 ADDITIONAL CONSIDERATIONS FOR PERMITS

REGARDING HERITAGE TREES
10-15.24 ANNUAL PRUNING PERMITS
10-15.25 DURATION OF PERMIT
10-15.26 EXCEPTIONS
10-15.27 CONDITIONS OF APPROVAL

10.15-28 PERMIT APPEALS
10-15.29 PENALTIES
10-15.30 REVOCATION OF PERMIT
10-15.31 COLLECTION OF PENALTIES
10-15.32 MISDEMEANOR; INJUCTIVE RELIEF
10-15.33 IMPOSITION OF LIEN

ATTACHMENT II

SEC. 10-15.10 PURPOSE AND INTENT.

This Ordinance is intended to protect and preserve trees and control the pruning, removal or relocation of those trees that provide benefits for the neighborhood or the entire community, while balancing private property rights and development.

SEC. 10-15.11 DEFINITIONS.

For the purposes herein, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it shall be apparent from their context a different meaning is intended.

Applicant. “Applicant” shall mean the property owner submitting an application to remove a Protected Tree(s) on their own property, or their representative authorized upon written consent.

Certified Arborist . A “Certified Arborist” shall be as defined by the International Society of Arboriculture. It shall include a “Consulting Arborist” who satisfied the requirements of the American Society of Consulting Arborists (ASCA) and who is determined by ASCA to meet the standards of Certified or Consulting Arborist as defined above.

Deadwood. “Deadwood” shall mean the limbs, branches, or portion of a tree that contains no green leaves or live wood during a period of the year when green leaves should be present.

Development. “Development” shall mean any work upon commercial, industrial, single or multi- unit residential properties in the City of Hayward requiring a discretionary or ministerial permit approval or issuance. Examples include (but are not limited to) subdivision, rezoning, variance, grading, landscaping subject to the California Water Efficient Landscape Ordinance, and building permits.

Director. "Director" shall mean the Director of Development Services or their designee.

DSH. “DSH” shall mean a tree’s diameter at standard height, which is measured at 54 inches (4.5 feet) above the ground surface. When measuring a multi-trunk tree, a tree’s DSH will be calculated by adding the diameters of the largest three trunks.

Dripline. The “Dripline” shall mean all of the area of ground underneath the tree to the outermost edge of any portion of the tree’s canopy. When depicted in plan view, the dripline will appear as an irregularly shaped circle that follows the outline of the tree's canopy as seen from above.

Emergency. “Emergency” means a sudden, serious, unexpected, and often dangerous situation requiring immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Encroachment. “Encroachment” shall mean any intrusion of human activity into the protected zone of a Specimen or Protected tree. This includes, but is not limited to, pruning, grading,

ATTACHMENT II

excavating, trenching, installation of fencing, parking vehicles, driving, storing materials or equipment, or construction of structures or other improvements.

Heritage Tree. “Heritage Tree” shall mean a tree recognized by the City of Hayward to be an exceptional tree with a distinctly high level of value to the community as set forth in section 10.15- 19: Memorial or Heritage Trees.

International Society of Arboriculture (ISA). A 501c (5) non-profit organization that promotes the professional practice of arboriculture through research, technology, and education. ISA produces the standards and best practices for arboriculture. The ISA certification is a voluntary program that tests and certifies the achievement of a professional level of knowledge and skill in the field of arboriculture.

Native Tree. “Native Tree” shall mean a non-introduced tree species that is adapted to and grows naturally in the habitats and environments of Alameda County and specifically Hayward, California.

Memorial Tree. “Memorial Tree” shall mean any tree planted in memory of or in commemoration of an individual or individuals or a specific event and officially recognized by the City.

Person. “Person” shall mean any natural person, partnership, firm, corporation, governmental agency, or other legal entity.

Pollard. “Pollard” shall mean to drastically trim a tree removing the majority of the branching structure so that all that remains are stubs of the main branches, which then are forced to put out new branches. The new branches are weakly attached to the main structure of the tree. Because of the cuts, the tree is usually susceptible to air borne diseases and invasive insects.

Preserved Tree. “Preserved Tree” shall mean an existing tree to be maintained on a development project.

Protected Tree. “Protected Tree” shall mean a tree regulated by the City as set forth in Section 10-

15.13: Protected Trees.

Pruning. “Pruning” shall mean the selective removal, detaching or separating of any live limb, branch, or root over two inches in diameter from a protected tree. Pruning includes crown cleaning which is the removal of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the ISA. Such removal shall not change the natural form of the tree, shall not consist of stubbing or heading back branches, and shall in no case consist of removing more of the total tree canopy than recommended under ISA standards.

Tree Protection Zone (TPZ). The “Tree Protection Zone” shall mean the area located under the undisturbed canopy of the tree as described in “Dripline” and extending for an additional one (1) foot from the center point of the tree to beyond the farthest point of the dripline of the tree.

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Relocation. “Relocation” shall mean the transplanting of a tree from its original location to another suitable location.

Removal. “Removal” shall mean the physical removal of a tree, such as cutting to the ground or the extraction of a tree.

Routine Maintenance. “Routine Maintenance” shall mean actions needed for the continued structural integrity of a tree including but not limited to, the removal of deadwood or storm damaged branches, light pruning to remove sucker growth or improve scaffolding when such pruning does not alter the natural form of the tree, and removal of branches less than two inches in diameter.

Street Tree. A “Street Tree” is a tree that is planted in the right-of-way of a street and in accordance with Street Tree Ordinance. It is usually located in the planter strip between the curb and the sidewalk or in a median island or it lies within the front yard setback.

Tree. A “Tree” shall mean any woody perennial plant characterized by having a single trunk or multi-trunk structure and belonging to a species that commonly grows to at least ten feet high at maturity.

SEC. 10-15.12 APPLICATION OF ORDINANCE.

The Tree Preservation Ordinance is applicable to all protected trees within the City of Hayward, including Protected Native trees on private property. Refer to Section 10-15.14 for Protected Tree types.

SEC. 10-15.13 NON-LIABILITY OF CITY.

Nothing in this Chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep Protected Trees upon the property and under their control in a safe and healthy condition.

SEC. 10-15.14 PROTECTED TREES.

The following trees shall be Protected Trees:

1. Native Trees to the Hayward area of the following species that have a minimum diameter at standard height (DSH) of four (4) inches or greater:

a. Big leaf maple (Acer macrophyllum)
b. Box elder (Acer negundo)
c. California buckeye (Aesculus californica)
d. Pacific madrone (Arbutus menziesii)
e. California Black Walnut (Juglans hindsii)
f. California sycamore (Platanus racemosa)

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g. Coast live oak (Quercus agrifolia)
h. Canyon live oak (Quercus chrysolepis)
i. Blue oak (Quercus douglasii)
j. Oregon white oak (Quercus garryana)
k. California black oak (Quercus kelloggii)
l. Valley oak (Quercus lobata)
m. Interior live oak (Quercus wislizenii)
n. Shining willow (Salix lasiandra)
o. Arroyo willow (Salix lasiolepis)
p. Sitka willow (Salix sitchensis)
q. California bay (Umbellularia californica)

2. Non-Native Trees on commercial properties or in front yards of a residential property, excluding those listed as invasive species by the California Invasive Plant Council, having a minimum DSH of eight (8) inches or greater.

3. Street Trees.

4. Memorial Trees recognized by the City.

5. Heritage Trees as defined by Section 10-15.19.

6. Replacement trees that were planted for previously removed Protected Trees.

7. Any tree shown to be preserved on an approved final map, development plan, building permit plan, Use Permit or required to be retained as a condition of approval or environmental mitigation measure.

8. Trees required as a condition of approval, Use Permit, or other Zoning requirement.

9. Coast Redwoods (Sequoia Sempervirens) greater than 36” DSH.

SEC. 10-15.15 PRESERVATION OF PROTECTED TREES.

Any Person who owns, controls, or has custody of any real property within the City shall maintain all Protected Trees located thereon in a state of good health. This includes parcels designated as permanent open space or for recreational purposes. Failure to maintain said trees in a state of good health will constitute a violation of this section.

SEC. 10-15.16 NESTING BIRDS.

All tree work shall comply with the Federal Migratory Bird Treaty Act as well as California Fish and Wildlife Code 3503-3513, as amended, to not disturb nesting birds. To the extent feasible tree pruning and removal should be scheduled outside of the breeding season. Nesting bird surveys should be conducted prior to tree work. Qualified biologists shall be involved in establishing work buffers for

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active nests. Work within one quarter mile (1,320 feet) of the San Francisco Bay tidal marsh will only be permitted from September to February.

SEC. 10-15.17 REQUIRED STREET TREES FOR DEVELOPMENT PROJECTS.

For new development projects, including but not limited to subdivisions, one street tree is required for every 30-foot length of street frontage of a property. The tree species to be planted are to be reviewed and approved by the City using the following required tree sizes:
 For residential properties: 24” box tree
 For commercial properties: 36” box tree

SEC. 10-15.18 REQUIRED TREE PROTECTIONS FOR CONSTRUCTION AND DEVELOPMENT PROJECTS.

All tree work conducted associated with a development project, including but not limited to pruning, tree removal, grading or work within the tree protection zone, or the application of fertilizer or other soil amendments, must adhere to the following:

1. A tree protection plan shall be included in all plan sets submitted to the City.

2. Practices must be consistent with the standards set forth in the most current version of American National Standards Institute (ANSI) A300, as amended.

3. The retention of a Certified Arborist is required to supervise all pruning of branches or roots, or relocation of Protected Trees. Any trenching, excavating, altering the grade, soil compaction or paving within the Tree Protected Zone must be supervised by the Certified Arborist.

a. The Certified Arborist shall contact the City Landscape Architect and provide a schedule of when the observation is to take place.

4. The branch and root structure of all Protected Trees to remain in place shall be protected using a substantial construction fence, such as a non-movable chain link fence, placed around the Tree Protection Zone of each Protected Tree. Such protection shall be in place prior to any construction equipment or materials being on site and verified by the project arborist. Fencing shall remain in place until construction equipment, materials, and debris have been removed from the site and approval from the Director has been given for removal. No vehicles, construction equipment, material, debris, paint or paint products, pallets, chemicals, contaminated water or other foreign material shall be allowed to be placed, poured, piled, pushed, or stored within the Tree Protection Zone of any tree. Digging, trenching, grade changes, and soil compaction are not permitted within the Tree Protection Zone without an approved permit.

5. Each Protected tree or any tree designated to remain in place on the construction site shall receive Routine Maintenance during the entire construction process determined by the project

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arborist.

SEC. 10-15.19 MEMORIAL AND HERITAGE TREES

1. Memorial Tree Nomination: Memorial Trees can be nominated by a Hayward community member or a local government official and shall be submitted to the Director for recommendation to City Council. City Council will review nominations and hold a vote to designate a Memorial Tree(s). Memorial Trees will be recorded, protected, and maintained unless they are in severe decline or must be removed for public benefit or safety. Memorial trees must be located on City property and cannot be recognized as an invasive species by the California Invasive Species Council. The fee to designate a Memorial Tree is established by the Master Fee Schedule.

2. Heritage Trees Determination: A tree is considered a Heritage Tree when the City finds at least two of the following criteria are met:

a. Native Tree: The tree is a native species of Hayward, as listed in Section 10-15.14 and at mature size depending upon the species.
b. Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species. Note that such trees may be protected through other local, state, or federal regulations. c. Horticulture Significance: The tree is rare or significant in the horticultural development of Hayward.
d. Historical Significance: The tree has historical connection to the City of Hayward including original plantings, or coincides with historical events in the City. e. Cultural Significance: The tree has cultural connection to the City of Hayward.

The removal of a Heritage Tree as part of a Development Project shall be approved by the highest approving body, based on the findings per Sec. 10-15.22.

SEC. 10-15.20 RESTRICTED ACTIONS.

The following actions are restricted for any tree in the City of Hayward:
a. Removal of the bark around the circumference of the tree (girdling). b. Relocation or transportation of a tree.
c. Attaching ropes, signs, or wires to a tree.
d. Any action(s) that foreseeably leads to the death of a tree or permanent damage to its health or structure.
e. Introduction of harmful chemicals or poisons within the dripline of any tree. f. Introduction of pests or pathogens.

SEC. 10-15.21 PERMITS AND REPLACEMENT REQUIREMENTS.

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1. A permit is required to perform any of the following actions on Protected Trees per Sec. 10-15.14:

Tree Removal Permit
a. Tree removal.

Tree Pruning Permit
a. Pruning of branches greater than 4” in diameter.
b. Pruning of roots greater than 2” in diameter caused by digging, trenching, grade changes, soil compacting, or paving within the tree protection zone. c. Any extreme root or branch pruning that is not consistent with standard arboriculture practices for a healthy tree, including pollarding, topping, lion-tailing, or severe pruning.
d. Pruning maintenance for Memorial and Heritage trees.

2. Tenants or any non-owners of any property shall have the written consent of the property owner prior to applying for a permit prior to obtaining any required permits. Such written consent shall be submitted with the permit application.

3. Permit Fees shall be determined by the City’s Master Fee Schedule.

4. Arborist report: An arborist report that contains all the information found in the City of Hayward’s “Arborist Report Checklist” is required in the following circumstances:
a. For development projects: An arborist report is required for actions (6a-i.) performed on any Protected Tree.
b. For all other projects: An arborist report is required for actions (6a-i.) performed on a Heritage Tree, Memorial Tree, three or more Protected Trees, or if requested by the Director.
c. For all pruning permits: An arborist report is required only when more than one- third of the canopy is to be removed, pruning does not conform to ANSI A300 standards, or if requested by the Director.

5. Additional Requirements for Development Projects:
a. A bond shall be required based on the appraised replacement value of the existing trees that are to remain on site. The bond is to be submitted to the City Landscape Architect prior to issuance of the grading permit.

6. Tree Replacement:
a. For street trees on commercial properties: Every protected tree removed shall require one 36” box tree to be planted as street trees or per the Director’s discretion. b. For commercial properties (not street trees): Tree mitigation is to be determined by the appraised value of the trees to be removed based on the valuation made in the required arborist report. If it is not possible to plant all the required mitigation trees on site, an in-lieu fee can be assessed per item (i.) of this section.

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c. For residential properties: Two or less trees removed shall require two replacement 24” box trees per each tree removed, which must be planted on site. Mitigation of three or more trees shall be determined based on the valuation of the trees to be removed made in the required arborist report. If it is not possible to plant all the required mitigation trees on site, an in-lieu fee can be assessed per item (i.) of this section.
d. For Heritage Trees: Heritage Tree mitigation is to be determined by the Director up to the full appraised value of the tree to be removed based on the valuation made in the required arborist report. If it is not possible to plant all the required mitigation trees on site, an in-lieu fee can be assessed per item (i.) of this section. e. Replacement trees shall be suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy, and other relevant factors. Invasive species, as determined by the California Invasive Plant Council, are not permitted replacement trees.
f. Replacement trees shall not be counted as part of the required trees to meet zoning standards for the original site.
g. A tree canopy study plan may be required by the Director to demonstrate how replacement trees will adequately replace the lost canopy and habitat. h. If any replacement tree dies or is removed within three (3) years of permit issuance, it must be replaced. The maintenance period will be automatically extended for a period of three (3) additional years for any replacement trees that are replaced due to death or unauthorized removal.
i. For situations where there are no feasible replacement planting locations on site, the applicant may pay a fee of 125% the appraised value of the tree(s) to be removed in- lieu of replanting on site. In-lieu fees will be paid into a City fund, which may only be used to add or replace mitigation trees on public or private property, plant or replace trees on City-owned property; or to support the management of the City’s urban forest. The payment of the in-lieu fee is to be submitted to the City Landscape Architect prior to issuance of the grading permit for development projects or the closure of the tree removal permit for non-development projects.

SEC. 10-15.22 REQUIRED FINDINGS FOR PERMIT APPROVAL
The permit shall be granted if the Director makes all of the findings (1-5) AND one or more of the findings (6-13):

1. Permit application is complete and adheres to the requirements set forth in SEC. 10-15.21.

2. An effort has been made to preserve the character of the area and the more valuable specimens have been preserved.

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3. The requested action would not cause erosion, loss of soil, increase the flow of surface runoff, or cause a diversion of water that would affect downstream properties.

4. Permits for tree pruning for Protected Trees and routine maintenance of Memorial and Heritage Trees:
a. The proposed pruning complies with the Migratory Bird Treaty Act (16 U.S.C. § 703 et seq.) and the California Fish and Game Code (§ 3513). Specifically, the project will avoid any actions that could result in the ‘take’ of migratory birds, their nests, or eggs. b. The proposed pruning adheres to established arboricultural standards and best practices, ensuring that the health and structural integrity of the trees will be maintained. i. The objective of the proposed pruning, as outlined in ANSI A300, is to: manage risk, manage health, develop structure, provide clearance, manage size or shape, or improve aesthetics.
c. Pruning to remove a limb hazard which does not require full tree removal

5. For development projects: There is no feasible amendment to plans that would allow for tree preservation.

AND one of the following

6. The tree is in severe decline and diseased, or remedial treatments or corrective practices that would facilitate saving the tree are not feasible.

7. Tree has been identified to have High or Extreme tree risk rating as calculated by an ISA Tree Risk Assessment Qualified Arborist and the proposed action would mitigate risk to an acceptable level. If a tree permit is submitted on the grounds of tree risk, an ISA tree risk assessment form must be included with the application.

8. The tree is the host of a pest or pathogen that has potential to cause irreconcilable affects to the urban forest.

9. The proposed action must be done to conform with the provisions set forth in the Solar Shade Control Act (California Public Resources Code §25890 et seq.).

10. The tree has, or will imminently, interfere with utility services where such interference cannot be controlled or remedied through reasonable modification, relocation or repair of the utility service or the pruning of the root or branch structure of the tree; or where removal or pruning is required by a public utility to comply with California Public Utility Commission (CPUC) or Federal Energy Regulatory Commission (FERC) rules or regulations.

11. The proposed action is necessary to remediate damage caused by the tree to surrounding permitted infrastructure and there are no reasonable solutions to adapt or relocate the infrastructure to accommodate for the tree.

12. The removal of the tree is necessary to repair a geologic hazard.

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13. The tree is suppressing or is suppressed by the growth and development of an adjacent protected tree of higher value, and removal of the tree will create improved growing conditions for the suppressed tree to thrive.

SEC. 10-15.23 ADDITIONAL CONSIDERATIONS FOR PERMITS REGARDING

HERITAGE TREES
An Administrative Use Permit (SEC 10-1.3000) is required to remove a Heritage Tree. A Heritage tree removal permit may be approved only if the reviewing body finds the burden to the Applicant in preserving the tree outweighs the benefit to the public. In making the foregoing determinations, the reviewing body shall consider such factors as the following:

1. Reasons for why the tree is considered a Heritage Tree, and the subsequent benefits it provides.

2. The contribution of the tree to the character of the site, local ecology, and the neighborhood.

3. Species, health condition and value of the tree.

4. Whether the tree is part of an important grove of trees.

5. The visibility of the tree to the neighborhood and the public.

6. Whether the development provides a public benefit.

7. Whether measures short of removing the tree can be employed consistent with the development.

SEC. 10-15.24 ANNUAL PRUNING PERMITS
An annual pruning permit that is not site-specific may be issued under the following circumstances:

1. The Applicant has at least one full-time Certified Arborist on staff who will be present to perform or supervise all permitted actions including the observation of trenching within the dripline of the tree.

2. The Applicant has a valid business license with the City of Hayward

3. The Applicant has proof of liability insurance.

4. All pruning, removal, and other tree work must conform to the standards set forth in the most current version of American National Standards Institute A300 and best management practices as defined by the International Society of Arboriculture.

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SEC. 10-15.25 DURATION OF PERMIT
Any permit issued shall be valid for a period of three (3) months from issuance, or, if an appeal is taken, three (3) months from the final decision. One three (3) months extension may be permitted upon a written request and approval.

SEC. 10-15.26 EXCEPTIONS.

1. Any permit shall be approved upon evidence that the tree is dying, diseased, or dead.

2. Hazardous conditions. A Protected Tree may only be pruned or removed without a permit in the circumstances listed below. In such circumstances, a retroactive permit including detailed photographic evidence is required.
a. Personal injury or property damage resulting from tree conditions is determined to be imminent by the Director.
b. The Protected Tree is an immediate impediment to the work of any public safety officers.
c. A Protected Tree that is removed in an emergency, as determined by the Director, shall be replaced in accordance with SEC 10-15.20.

3. Protected trees shall not include trees planted and growing in a licensed nursery for sale or planted and grown as a part of an active commercial orchard.

4. Tree removals consistent with the safety requirements defined by the FAA and the City of Hayward Executive Airport plan.

SEC. 10-15.27 CONDITIONS OF APPROVAL.

In approving the permit, the City may impose conditions for the purpose of protecting any trees which are to remain or to otherwise ensure compliance with the intent and purpose of this chapter.

SEC. 10-15.28 PERMIT APPEALS
For Protected Trees

If a permit application has been denied, the Applicant may make an appeal to the Planning Director in accordance with the appeals process detailed in Section 10-1.2845 of the Hayward Municipal Code.

The Planning Director may approve, conditionally approve or disapprove the application based on the criteria listed in Section 10-15.27

The decision of the Planning Director may be appealed to the Planning Commission in accordance with the appeals process detailed in Section 10-1.2845. The Planning Commission may approve,

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conditionally approve, or disapprove the application based on the criteria listed in Section 10-15.27.

In the event that significant new evidence, which may include substantial changes in the application, is presented in conjunction with the appeal, the matter shall be returned to the Planning Commission for further consideration and action. In the absence of significant new evidence, the action of the Planning Commission shall be final and conclusive.

For Heritage Trees

In accordance with the appeals process detailed in Section 10-1.2845, the Planning Commission may approve, conditionally approve or disapprove the application based on the criteria listed in Section 10-

15.27 The decision of the Planning Commission shall be final unless, appealed to the City Council in accordance with the appeals process detailed in Section 10-1.2845. The City Council may approve, conditionally approve, or disapprove the application based on the criteria listed in Section 10-15.27.

In the event significant new evidence, which may include substantial changes in the application, is presented in conjunction with the appeal, the matter shall be returned to the Planning Commission for further consideration and action. In the absence of significant new evidence, the action of the City Council shall be final and conclusive.

Refer to the City’s Master Fee Schedule for permit appeal fees.

SEC. 10-15.29 PENALTIES.

When it is found that this ordinance has been violated, the following process shall be taken:

1. A fine equal to double the amount of the permit fee shall be charged if the City determines that any tree activity for which a permit under this ordinance is required but not issued, or the activity is not in substantial compliance with the related permit or plan.

2. Additional mitigation requirements may be determined, as follows.

a. If there is sufficient evidence available to appraise the value of the removed tree(s), then mitigation shall be determined per Sec. 10-15.21 (6). Sufficient evidence may include evaluation of any remaining portions of the tree on site, or through evaluation of resources such as photographs, past plans, or Google Earth and Streetview to determine the species, size, and condition of the tree prior to removal.

b. If there is no measurable part of the tree remaining, and the other resources discussed in item (a.) cannot be used to estimate the value of the removed tree(s), then mitigation will be determined by the Director.

If the City determines that a tree removal or pruning permit is required, the property owner and/or party responsible for the tree cutting work shall apply for the necessary tree removal or pruning permit within a specified period set by the Director.

In the case of projects associated with development, an order to cease work may be issued and retained

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until the retroactive permit has been processed and requirements under this ordinance have been achieved.

The City Code Enforcement Division will notify the property owner of the alleged violation and fine in writing. The notice shall include a description of the alleged violation and provide the owner ten (10) business days to request an administrative hearing before the City’s Development Services Director. The notice shall also indicate that the decision of the City Code Enforcement Division is final unless appealed to the Development Services Director. The Development Services Director shall consider all relevant evidence if the alleged violation is appealed. All decisions of the Development Services Director are final subject to provisions of Section 10-15.27.

Fines for violation of this Chapter are payable at the City’s Finance office. Fines must be paid within ninety (90) business days or granted an extension by the City. The City’s Finance Department is authorized to collect all unpaid civil fines.

SEC. 10-15.30 REVOCATION OF PERMIT.

1. Any permit described in this ordinance shall be subject to revocation if the conditions of the permit or the regulations set forth herein or incorporated herein are violated. Before taking any action to revoke the permit, the Director shall give notice to the permittee in writing of the proposed revocation, the reasons therefore, and the time and place the permittee will be given an opportunity to show cause to the Director why the permit should not be revoked. The written notice may be personally served upon the permittee or mailed to the permittee at the address shown on the application at least ten days prior to the hearing. Upon conclusion of the hearing, the Director may revoke the permit upon a finding of noncompliance with the conditions of the permit or the regulations herein.

2. Any permittee who has had an annual, non-site specific permit revoked shall not be eligible for a new annual, non-site specific permit for a period of six months from the date of the final decision revoking the permit. During the six-month period, the permittee may apply for only individual, site-specific permits and must meet the requirements of Section 10-15.21. The Director’s decision to revoke the permit may be appealed as set forth in Section 10-15.28 above.

SEC. 10-15.31 COLLECTION OF PENALTIES.

Fines for violation of this Chapter are payable at the City’s Finance office. Fines must be paid within thirty (30) business days. The City’s Finance Department is authorized to collect all unpaid civil fines.

SEC. 10-15.32 MISDEMEANOR; INJUNCTIVE RELIEF.

Violation of any provisions of this Chapter shall be chargeable as a misdemeanor as provided in Article 3 of the Hayward Municipal Code. In addition to the foregoing criminal penalty, violation of any provisions of this Chapter shall be the basis for injunctive relief.

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SEC. 10-15.33 IMPOSITION OF LIEN.

Any unpaid costs or penalties imposed pursuant to this Chapter shall constitute a special assessment against the real property upon which a violation of this Chapter has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Director shall cause a copy of the report and assessment to be served on the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may be made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the County of Alameda and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing.

A copy of the report of assessment shall be posted in the Office of the City Clerk on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the City Council. The City Council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the City Council, it shall be a lien on said property.

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Summary of Tree Preservation Ordinance Updates
Tree Ordinance Update Goals
 Updating purposes and goals to be aligned with current climate action goals of the City o Reducing greenhouse gas (GHG) emissions to mitigate climate change  Eliminating the ambiguity in the ordinance
o Current Areas of ambiguity
 Protection of Private Trees
 Mitigation of removed trees
 Penalties for tree removal
 Tree pruning and removal permit process
 New tree planting recommendations
 Definition Updates
 Bringing flexibility to tree permit and replacement practices to benefit overall City environment

Section 10 -15.11 Application of Ordinance

Policy Change:

The Tree Preservation Ordinance is applicable to all protected trees within the City of Hayward.

Maintenance and removal of street trees is governed by the City’s Street Tree Ordinance.

Reasons for Policy Change:

1. A simpler approach to which trees are included or exempted creating easier and more efficient permit processing.

2. Removes loophole for tree removal on single family home lots. Given the interest to address sustainability in the ordinance, excluding trees on existing single -family lots seems to be at odds with this intention.

Section 10 -15.12 Definitions
Moved this section before the 10 -15.11 Application of Ordinance section because there are several definitions mentioned in the application section.

Definition Revisions:
 “Certified Arborist”: “An individual in the profession of arboriculture who, through experience, education, and related training, possesses the competence to provide a tree report, risk assessment, tree survey or supervise the care and maintenance of trees; and who is certified by the International Society of Arboriculture or a member of the American Society of Consulting Arborists”
 Added the following language to the “Street Tree” definition: A “Street Tree” is a tree that is planted in the right -of-way of a street and in accordance with Street Tree Ordinance. It is usually located in the planter strip between the curb and the sidewalk or in a median island or it lies within the front yard setback.
 Tree definition changed. New definition: A “Tree” shall mean any woody perennial plant characterized by having a single trunk or multi-trunk structure and belonging to a species that commonly grows to at least ten feet high at maturity.

New Definitions Added:
 “Heritage tree” shall mean a tree (or grouping of trees) specifically designated by action of the City Council that possesses exceptional and unique size, age, horticultural significance,

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aesthetic, biological, cultural, or historic value, and is irreplaceable and expected to have a continuing contribution to the community.
 “Memorial Tree” shall mean any tree planted in memory of or in commemoration of an individual or individuals or a specific event and officially recognized by the City.  “Protected Tree” shall mean a tree regulated by the City as set forth in Section 10-15.13:

Protected Trees.

Section 10-15.14 - Protected Trees
Summary of changes:
 Native trees greater than 4” DSH are protected, non-native trees (excluding invasive tree species) greater than 8” DSH are protected.
 Ordinance now applies to all protected trees in the city, independent of when they were planted.
 Heritage trees – Refer to Heritage Section.
 Redwood Trees with protections changed to only larger diameter mature trees: Costal Redwood trees are not native to the Hayward area, and therefore aren’t protected like the other natives @ 4” dbh. Instead, they are protected starting at 36” DSH.  Native trees are now also protected on private property.

New section: 10-15.16 Nesting Birds
This new section was added to ensure that applicants and contractors that are conducting tree pruning or removal work, are complying with the Federal Migratory Bird Treat Act as well as California Fish and Wildlife Code 3503-3513, to not disturb nesting birds.

New section: 10-15.17 Required Street Trees for Development Projects This new section was added to specify the sizes and number of street trees required for development projects on both residential and commercial properties.

New section: 10-15.18 Required Tree Protections for Development Projects This new section consolidates information on tree protection requirements for construction and development projects that were previously scattered throughout the previous version of the ordinance.

Section 10-15.19: Memorial and Heritage Trees
Heritage trees established to place greater protections on the community’s most valuable trees.

“Memorial Tree Nomination: Memorial Trees can be nominated by a Hayward community member or a local government official and shall be submitted to the Director for recommendation to City Council. City Council will review nominations and hold a vote to designate a Memorial Tree(s). Memorial Trees will be recorded and protected in perpetuity unless they are in severe decline or must be removed for public safety. Memorial trees must be located on City property and cannot be recognized as an invasive species by the California Invasive Species Council. The fee to designate a Memorial Tree is established by the Master Fee Schedule.

Heritage Trees Determination: A tree is considered a Heritage Tree when the City finds at least two of the following criteria are met:

Native Tree: The tree is a native species of Hayward, as listed in Section 10-15.14.

ATTACHMENT III

Provides Essential Habitat: The tree currently or commonly provides habitat for any state or federally listed endangered or threatened species. Note that such trees may be protected through other local, state, or federal regulations.

Horticulture Significance: The tree is rare or significant in the horticultural development of Hayward.

Historical Significance: The tree has historical connection to the City of Hayward including original plantings, or coincides with historical events in the City.

Cultural Significance: The tree has cultural connection to the City of Hayward.

The removal of a Heritage Tree as part of a Development Project shall be subject to Site Plan Review process, based on the findings per Sec. 10-15.22.”

New section: 10-15.20 Restricted Actions
This section was added to specify what actions are restricted for any tree in the City of Hayward, including:
a. Introduction of harmful chemicals or poisons within the dripline of any tree b. Introduction of pests or pathogens

Section 10-15.21 Permits and Replacement Requirements
This section was updated to clarify what tree-related activities require a permit, and what the replacement requirements are for removed trees. This section now reads:

“A permit is required to perform any of the following actions on Protected Trees per Sec. 10-15.14:

1. Tree removal

2. Routine maintenance for Memorial and Heritage trees.

3. Any extreme root or branch pruning that is not consistent with standard arboriculture practices for a healthy tree, including pollarding, topping, lion-tailing, or severe pruning

4. Removal of the bark around the circumference of the tree (girdling)

5. Relocation or transportation of a tree

6. Digging, trenching, grade changes, and soil compaction or paving within the tree protection zone

7. Attaching ropes, signs, or wires to a tree

8. Any action(s) that foreseeably leads to the death of a tree or permanent damage to its health or structure

9. Pruning of branches greater than 4” in diameter of protected trees.”

Tree Replacement and New In-Lieu Fee Option:

Policy Update: Replacement trees are required for tree removals. If tree mitigation is not feasible on the property, the applicant can choose to pay an in-lieu fee amounting to 125% the appraised value of the tree. In-lieu fees will be paid to the City Tree Replacement Fund, which may only be used to add or replace mitigation trees on public or private property in the vicinity of the subject property, plant or replace trees on City-owned property; or to support the City’s urban forestry management program.

Section 10-15.22 Required Findings for Permit Approval
Section has been modified for clarity and ease of implementation. Clear steps for required findings are listed.

ATTACHMENT III

New section: 10-15.24 Annual Pruning Permits
This new section was added to provide more clarity on the conditions that must be met in order for the City to grant an annual pruning permit.

Section 10 -15.2 5 Duration of Permit
The duration of the permit was reduced from 1 year to 3 months from issuance, or 3 months from the final decision of an appeal, with the opportunity to apply for one 3-month extension.

Section 10 -15.2 6 Exceptions
The section has been updated to provide more clarity on what situations are granted exceptions to getting a permit, including “tree removals consistent with the safety requirements defined by the FAA and the City of Hayward Executive Airport plan.”

Section 10 -15.2 9 Penalties
Penalties adjusted to ensure they incentivize adherence to the ordinance.

Updated Text from this Section:
“When it is found that this ordinance has been violated, the following process shall be taken:

1. A fine equal to double the amount of the permit fee shall be charged if the City determines that any tree activity for which a permit under this ordinance is required but not issued, or the activity is not in substantial compliance with the related permit or plan.

2. Additional mitigation requirements may be determined, as follows. a. If there is sufficient evidence available to appraise the value of the removed tree(s), then mitigation shall be determined per Sec. 10-15.21 (6). Sufficient evidence may include evaluation of any remaining portions of the tree on site, or through evaluation of resources such as photographs, past plans, or Google Earth and Streetview to determine the species, size, and condition of the tree prior to removal.
b. If there is no measurable part of the tree remaining, and the other resources discussed in item (a.) cannot be used to estimate the value of the removed tree(s), then mitigation will be determined by the Director.

If the City determines that a tree removal or pruning permit is required, the property owner and/or party responsible for the tree cutting work shall apply for the necessary tree removal or pruning permit within a specified period set by the Director.

In the case of projects associated with development, an order to cease work may be issued and retained until the retroactive permit has been processed and requirements under this ordinance have been achieved.”

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 25-014
DATE: March 18, 2025
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Greenhouse Gas Emissions Inventory: Review and Discuss 2023 Greenhouse Gas Emissions Inventory (Report from Director of Public Works Ameri)

RECOMMENDATION
That the City Council reviews and comments on this report.

SUMMARY
The City Council-adopted General Plan includes greenhouse gas (GHG) emission reduction targets for the Hayward community. This report provides the results of the calendar year 2023 GHG inventory and compares them to previous inventories. Table 1 summarizes the total emissions for six sectors - electricity, natural gas, transportation (including public transit), off-road vehicles, solid waste, and water and wastewater. Emissions are measured in metric tons of carbon dioxide equivalent (MTC02e). The table indicates that, as of 2023, emissions have been reduced by 35% since 2005.

As the largest contributor to community-wide GHG emissions, trends in on-road transportation significantly impact the inventory. Following the decline in transportation emissions due to the COVID-19 pandemic in 2020, emissions increased in 2021 as restrictions eased and pre-pandemic activities resumed. However, transportation emissions have not returned to pre-pandemic levels. When comparing 2021 to 2023, total emissions increased by only 1.3%. The relatively consistent emissions in 2021 through 2023 may be attributed to a shift toward increased hybrid and remote work following the pandemic.

CITY OF HAYWARD Printed on 3/13/2025Page 1 of 2
powered by Legistar™
File #:WS 25-014
Table 1: GHG Emissions by Sector (MTC02e)
2005 2010 2015 2020 2021 2022 2023 % Change
from 2005
Electricity 185,536 165,172 141,814 23,038 35,844 29,313 26,011 -86.0 % Natural Gas 189,995 191,526 176,803 166,334 168,917 170,495 172,822 -9.0 % Transportation 520,768 458,988 441,751 304,371 357,867 367,652 353,271 -32.2 Airport* - - - - - - 4,779 -
Off-Road Vehicles 14,889 17,004 27,267 27,976 23,408 39,646 37,006 148.5 % Solid Waste 50,924 38,338 38,148 34,628 32,011 32,141 32,537 -36.1 % Water and
wastewater
4,716 4,340 3,518 2,506 2,164 1,981 2,074 -56.0 %
Total 966,828 875,368 829,301 558,853 620,211 641,228 628,500 -35.0 % Hayward
Population
140,305 146,296 160,244 162,079 159,986 160,699 159,770 13.9% Total Emissions/
Capita

6.9 6.0 5.2 3.4 3.9 4.0 3.9 -43.5%
* Emissions from the Hayward Executive Airport are included for 2023. Data for previous years is not yet available.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 3/13/2025Page 2 of 2
powered by Legistar™

DATE: March 18, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Greenhouse Gas Emissions Inventory: Review and Discuss 2023 Greenhouse Gas Emissions Inventory (Report from Director of Public Works Ameri)

RECOMMENDATION

That the City Council reviews and comments on this report.

SUMMARY

The City Council-adopted General Plan includes greenhouse gas (GHG) emission reduction targets for the Hayward community. This report provides the results of the calendar year 2023 GHG inventory and compares them to previous inventories. Table 1 summarizes the total emissions for six sectors – electricity, natural gas, transportation (including public transit), off-road vehicles, solid waste, and water and wastewater. Emissions are measured in metric tons of carbon dioxide equivalent (MTC02e).1 The table indicates that, as of 2023, emissions have been reduced by 35% since 2005.

As the largest contributor to community-wide GHG emissions, trends in on-road transportation significantly impact the inventory. Following the decline in transportation emissions due to the COVID-19 pandemic in 2020, emissions increased in 2021 as restrictions eased and pre-pandemic activities resumed. However, transportation emissions have not returned to pre-pandemic levels. When comparing 2021 to 2023, total emissions increased by only 1.3%. The relatively consistent emissions in 2021 through 2023 may be attributed to a shift toward increased hybrid and remote work following the pandemic.

1 Carbon Dioxide equivalent is unit of measurement used to compare the emissions of various greenhouse gases based on how long they stay in the atmosphere and how much heat they can trap. For example, over a period of 100 years, 1 pound of methane will trap as much heat as 21 pounds of carbon dioxide. Thus, 1 pound of methane is equal to 21 pounds of carbon dioxide equivalents.

Table 1: GHG Emissions by Sector (MTC02e)
2005 2010 2015 2020 2021 2022 2023 % Change
from 2005
Electricity 185,536 165,172 141,814 23,038 35,844 29,313 26,011 -86.0 % Natural Gas 189,995 191,526 176,803 166,334 168,917 170,495 172,822 -9.0 % Transportation 520,768 458,988 441,751 304,371 357,867 367,652 353,271 -32.2
Airport* - - - - - - 4,779 -
Off-Road Vehicles 14,889 17,004 27,267 27,976 23,408 39,646 37,006

148.5 %
Solid Waste 50,924 38,338 38,148 34,628 32,011 32,141 32,537 -36.1 % Water and
wastewater 4,716 4,340 3,518 2,506 2,164 1,981 2,074 -56.0 % Total 966,828 875,368 829,301 558,853 620,211 641,228 628,500 -35.0 % Hayward
Population 140,305 146,296 160,244 162,079 159,986 160,699 159,770 13.9% Total Emissions/
Capita 6.9 6.0 5.2 3.4 3.9 4.0 3.9 -43.5%
* Emissions from the Hayward Executive Airport are included for 2023. Data for previous years is not yet available.

BACKGROUND

The most recent report on the City’s GHG emissions, presented to the Council Sustainability Committee in March 2024,2 showed Hayward’s community-wide emissions were reduced by 33.7% from 2005 to 2022. This was an increase from 2021, when emissions were 35.9% below 2005 levels. Emissions may continue to rise as COVID-19 pandemic restrictions ease, and transportation demand, along with community activities, increases within the City.

Previous inventory reports, can be found on the City’s website3.

The City’s General Plan Policy NR-2.4 sets the following GHG emissions reduction targets.

NR-2.4: Community Greenhouse Gas Reduction
The City shall…reduce community-based GHG emissions by 20 percent below 2005 baseline levels by 2020, 30 percent below 2005 baseline emissions levels by 2025, 55 percent below 2005 baseline emissions levels by 2030, and work with the community to develop a plan that may result in the reduction of community-based GHG emissions to achieve carbon neutrality by 2045.

2 CITY OF HAYWARD - Meeting of Council Sustainability Committee on 3/11/2024 at 5:00 PM 3 Climate Action Plan | City of Hayward - Official website (hayward-ca.gov)

To track compliance with these targets, the City initially conducted community GHG emissions inventories every five years, starting with 2005 as the baseline year. In 2017, the City transitioned to conducting inventories annually. All inventories follow the U.S.

Community Protocol methodology to calculate GHG emissions. This methodology, developed by ICLEI – Local Governments for Sustainability, is an industry-standard used by local governments to measure and report GHG emissions with a standardized method.

Over the past fifteen years, organizations have continuously refined and updated the models used to estimate emissions, improving accuracy. In response, staff recalculates emissions with the new modeling across all previous inventories. For example, this year staff modified the methodology for collecting data for the demographics portion of the inventory, thus changing the results of past years’ data. Staff previously relied on the Metropolitan Transportation Commission’s calculations and predictions for jobs data, which applied a previously determined growth rate to older data. This year staff used data from the State of California Employment Development Department, which uses census data and county data reflecting actual changes in numbers of jobs. As a result, the total emissions for each year in this report do not match the numbers from previous reports.

DISCUSSION

This report presents the 2023 GHG inventory, which shows that community-wide emissions were reduced by 35% below 2005 levels and shows no significant increase or decrease in emissions from the previous year. As shown in Table 2, Hayward met its goal of 20% below 2005 levels by 2020, two years early by achieving a reduction of 22.6% in 2018. In 2020, Hayward exceeded its 2025 emission reduction goal of 30% below the 2005 baseline when it achieved a 42.2% emission reduction. However, the significant decrease in emissions from 2019 to 2020 was primarily attributed to the COVID-19 pandemic impacts on community-wide activities and staff predicted that emissions would likely increase in 2021 as pandemic-related restrictions eased. Community-wide emissions did increase by

6.3% from 2020 to 2021, and while staff anticipated that emissions would continue to rise over the next few years as transportation activity increased, emissions only increased by

0.9% from 2021 to 2023 resulting in an overall reduction of 35.0% from the 2005 baseline.

On January 30, 2024, the updated Climate Action Plan (CAP) was adopted by the City Council as an amendment to the 2040 General Plan.4 It builds upon the 2014 CAP to include specific actions and measures to reduce GHG emissions in alignment with state goals.

Additionally, the 2024 CAP projects future per capita emissions that are contingent on the successful implementation of all CAP measures. Adhering closely to the CAP’s recommended projects and timeline for each action would set Hayward on a pathway to reducing carbon emissions by 55% by 2030. Table 2 shows historical per capita emissions as well as the 2030 goal of achieving per capita emissions at or below 3.12 MT CO2e.

4 https://hayward.legistar.com/LegislationDetail.aspx?ID=6497833&GUID=90E54932-8B3F-46FA-8B79- 47F2DD47560D&Options=&Search=

Table 2: GHG Emission Reduction Goals and Actual Emission Reductions Year Overall Emissions
Goal
Actual
Reduction Per Capita Goal
Actual Per
Capita Emissions
(MT CO2e)
2005 Baseline N/A Baseline 6.9
2010 9.5% 6.0
2015 14.2% 5.2
2018 22.6% 4.6
2019 29.8% 4.2
2020 20% 42.2% 3.4
2021 35.9% 3.9
2022 33.7% 4.0
2023 35.0% 3.9
2025 30%
2030 55% 3.12
2045 Carbon neutrality Carbon neutrality

Figure 1 shows projected per capita emission levels with and without CAP measures.

Business-as-usual (BAU) emissions are in blue. The adjusted forecast in orange reflects State of California actions that are expected to reduce emissions and the yellow-dashed line projects emissions assuming full implementation of the CAP. While this places Hayward on a pathway to carbon neutrality (dark orange line), CAP measures will need to be updated again in order to reach carbon neutrality by 2045.

Figure 1 – Per Capita Emissions Compared to Forecast Scenario and Target Pathway

The City’s GHG inventory consists of eight sectors: electricity, natural gas, transportation, public buses (AC Transit), BART, off-road vehicles, solid waste, and water and wastewater.

Figure 2 (below) illustrates the breakdown of emissions for each year by subsector, along with the percentage contribution of each subsector. Transportation, shown in grey, remains the largest sector and consistently accounts for over half of total emissions. Water and wastewater combined account for 0.3% of emissions, solid waste comprises 5.2% of emissions, off-road vehicles account for 5.9% of emissions, and electricity used in buildings represents 4.1% of emissions. Natural gas use in buildings, shown in orange, accounts for just over a quarter of all emissions at 27.5%.

Figure 2: GHG Emissions by Subsector (MT C02e)

Energy Sector (Electricity and Natural Gas)
Energy emissions, which include electricity and natural gas, were 47.0% below 2005 levels, with an 86.0% reduction in electricity emissions and 9.0% decrease in natural gas emissions from 2005 to 2023 (see Table 3 and Figure 3). Residential electricity emissions have decreased by 67.1% while nonresidential electricity emissions have decreased by

93.7% since 2005. The primary factor driving the decrease in electricity emissions is the transition of the City’s customers to Ava Community Energy (Ava), formerly known as East Bay Community Energy (EBCE) in 2018. Following this transition, the majority of Hayward customers were automatically enrolled in Ava’s carbon-free electricity product (Brilliant 100 from 2018-2021 and Renewable 100 from 2022 onward). This shift led to a significant reduction in electricity emissions, from 47,452 MTCO2e in 2018 to 12,467 MTCO2e in 2019.

However, in 2020, Ava’s more affordable product, Bright Choice, changed its energy mix to include a higher proportion of carbon-intensive power sources, leading to an increase in overall energy emissions.

0 200,000
400,000
600,000
800,000
1,000,000
1,200,000
2005 2010 2015 2017 2018 2019 2020 2021 2022 2023
MTCO2e
Electricity Natural Gas Transporation Bart Off-Road Waste Waste and Wastewater AC Transit

Table 3: Energy Sector GHG Emissions
2005 2010 2015 2019 2020 2021 2022 2023 %
Change
Residential
Electricity
GHG
Emissions 53,939 51,166 44,807 6,326 17,547 22,930 20,704 17,742 -67.1 % MWh 242,161 252,327 242,783 239,006 215,828 244,443 238,085 256,435 5.8% Non -
residential
Electricity
GHG
Emissions 131,597 114,006 97,007 6,140 5,491 12,914 8,609 8,269 -93.7 % MWh 590,811 562,228 525,628 511,639 381,744 410,516 418,744 427,418 -27.6% Residential
Natural
Gas
GHG
Emissions 103,502 103,027 86,736 95,291 94,811 93,713 93,396 96,374 -6.8% Therms
(in
millions)

19.489 19.400 16.332 17.943 17.853 17.646 17.587 18.183 -6.8 % Non-
residential
Natural
Gas
GHG
Emissions 86,493 88,499 90,066 81,358 71,523 75,204 77,099 76,448 -11.6% Therms
(in
millions)

16.287 16.664 16.960 15.320 13.468 14.161 14.518 14.395 -11.6% Total GHG Emissions 375,531 356,699 318,617 189,116 189,373 204,761 199,808 198,833 -47.0 %

Figure 3: Energy Sector GHG Emissions (MT CO2e)

Approximately 30% of Hayward households are enrolled in income- or medical-related discount programs and receive Ava’s Bright Choice energy product. Carbon-free energy sources (biomass and biowaste, geothermal, solar, wind, hydroelectric, and nuclear) accounted for 86.7% of Bright Choice’s energy mix in 2019; however, that declined to 55% in 2020. The percentage of carbon-free energy for Bright Choice increased in 2021 to

59.9%, 71.5% in 2022, and 88.9% in 2023 (see Table 4). Bright Choice remains more carbon-intensive than PG&E’s Base Plan product.5

Table 4: Annual Percentage of Carbon-Free Energy* in Electricity Products 2019 2020 2021 2022 2023
Ava’s Renewable 100 100% 100% 100% 100% 100%
Ava’s Bright Choice 86.7% 55.0% 59.9% 71.5% 88.9%
Pacific Gas & Electricity
(PG&E) Base Plan 100% 83.5% 91.0% 95.2% 100%
*Carbon-free energy includes nuclear and hydroelectric power in addition to renewable energy such as solar, wind, and geothermal.

Due to the changes in Ava’s energy mix to include more carbon-intensive sources, residential electricity emissions have increased by 180% since 2019 along with a 7.3%

5 Power Content Label (ca.gov)
0 50000
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350000
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2005 2010 2015 2017 2018 2019 2020 2021 2022 2023
MTCO2e
Residential Electricity GHG Emissions Nonresidential Electricity GHG Emissions Residential Natural Gas GHG Emissions Nonresidential Natural Gas GHG Emissions

increase in mega-watt hour (MWh) usage, and nonresidential electricity emissions have increased 34.7% despite a 16.4% decrease in MWh used (see Figure 4). However, due to the decrease in carbon intensity in Bright Choice from 2022 to 2023, this marks a significant improvement compared to the 227% increase in residential electricity emissions and a 40.2% increase in non-residential electricity emissions when comparing 2019 and 2022. In the coming years, we expect to see a continued decrease in emissions, as Ava aims to make Bright Choice 100% carbon free by 2030.

Figure 4: Electricity Usage & GHG Emissions

0 20,000
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2005 2010 2015 2019 2020 2021 2022 2023
MTCO2e
Electricity Usage (MWh)
Residential electricity MWh Nonresidential electricity MWh Residential electricity GHG Emissions Nonresidential electricity GHG Emissions

Figure 5: Natural Gas Usage & Emissions

Figure 6: Residential Energy GHG Emissions & Housing Units in Hayward

Residential and non-residential natural gas emissions have decreased from 2005 to 2023 by 6.8% and 11.6%, respectively. When compared to 2022, residential natural gas 0 20000
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0 5000
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2005 2010 2015 2019 2020 2021 2022 2023
MTCO2e
Gas Usage (in millions of Therms)
Residential Gas Therms Nonresidential Gas Therms
Residential Gas GHG Emissions Nonresidential gas GHG Emissions 51,500
52,000
52,500
53,000
53,500
54,000
0 20000
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2020 2021 2022 2023
Housing Units
MTCO2e
Residential electricity GHG Emissions Residential natural gas GHG Emissions Housing Units

emissions increased by 3.0% in 2023, which may be related to an increase in heating degree days6 (HDD) (see Figure 7).

Figure 7: Residential Natural Gas Usage & Heating Degree Days in Hayward

Transportation Sector
From 2005 to 2023, transportation emissions decreased by 31.7% and vehicle miles traveled (VMT) decreased by 13.7% (see Table 5). Due to the COVID-19 pandemic, there were significant decreases in on-road transportation from 2019 to 2020, with a 26.5% decrease in VMT and a 21.3% decrease in total transportation emissions. From 2020 to 2021, Hayward saw an 11.1% increase in VMT and a 10.1% increase in transportation emissions as restrictions lifted and pre-pandemic activities began to resume. Staff expected this trend to continue, however, VMT decreased by 1.9% from 2022 to 2023, and transportation emissions decreased by 2.7%. There are several factors that may have contributed to a slight decrease in VMT. The first is likely due to the increased popularity of remote and hybrid work compared to before the pandemic. A second reason could be due to an increase in inflation, leading individuals to reduce travel or attendance at events.

According to the U.S. Bureau of Labor Statistics, the average annual inflation rate was 1.7% in 2020, 3.6% in 2021, 6.2% in 2022, and 4.8% in 2023. In addition to decreased VMT, another reason for decreased GHG is likely due to the growing number of hybrid and electric vehicles (EVs) on the road, (see Figure 9).

In 2020, staff began using a new data source from Google called Environmental Insights Explorer (EIE) which captured the impact of the pandemic and created a more complete scope of transportation emissions. In inventories prior to 2020, on-road transportation

6 A degree day compares the mean (the average of the high and low) outdoor temperatures recorded for a location to a standard temperature, usually 65° Fahrenheit (F) in the United States. https://www.eia.gov/energyexplained/units-and-calculators/degree- days.php#:~:text=Heating%20degree%20days%20(HDDs)%20are,%C2%B0F%20has%2025%20HDDs 0 500
1000
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3000
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4000

14.5 15

15.5 16

16.5 17

17.5 18

18.5 19

19.5 20
2005 2010 2015 2020 2021 2022 2023
HDD
Natural Gas Usage (in millions of
therms
Natural Gas Usage Heating Degree Days

activity was estimated using a model from the Metropolitan Transportation Commission (MTC) which takes into account surveys of transportation patterns, land use, and population metrics to calculate VMT for passenger and commercial vehicles completing trips entirely within the city, ending or starting in the City, and those that pass through the city.

Google EIE’s dataset accounts for all vehicle types that start or end within the City by using anonymized location history from mobile devices. This better captures residents’ transportation habits than the previously used transportation model. To make accurate comparisons to the 2005 baseline, staff re-calculated transportation emissions in inventory years that were not available from Google EIE (2005-2017).

Table 5: Transportation Sector GHG Emissions (MT CO2e)

2005 2010 2015 2020 2021 2022 2023 %
Change
Passenger
GHG
Emissions 377,446 338,117 326,365 211,039 254,783 261,152 250,591 - 33.6% VMT
(in
millions)
892.31 816.71 865.69 617.07 765.12 803.54 788.02 - 11.7% Commercial
GHG
Emissions 136,630 114,193 109,561 88,826 98,220 101,561 98,010 - 28.3% VMT
(in
millions)

92.13 78.00 74.68 61.09 69.27 72.60 71.18 - 22.7%
Buses*
GHG
Emissions 6692 6678 5824 4506 4,864 4,939 4,670 - 60.4% VMT
(in
millions)

3.91 3.81 3.76 3.17 3.44 3.52 3.36 - 39.8%
BART
GHG
Emissions 3,440 3,425 4,276 546 98 0 0 -100%
Passenger
Miles
(in
millions)

37.08 36.93 46.10 41.19 ** 7.40 14.42 13.11 -64.6%
Airport
GHG
Emissions - - - - - - 4,779 -
Operations - - - - - - 122,601 -
Total GHG Emissions 524,208 462,413 446,026 304,917 357,965 367,652 358,050 -31.7 % Total VMT (in millions) 988.4 898.5 944.1 680.3 789.9 879.7 862.6 - 13.7%

*Buses include public (AC Transit) and private (Google EIE) **BART passenger miles in 2020 were based off ridership from the month of February, before the COVID-19 pandemic.
***BART has been carbon-free since 2022. The data above provides a reference to BART’s past emissions.

Figure 8: Transportation Sector GHG Emissions (MT CO2e)

Electric Vehicles-
While electric vehicles (EVs) are not factored into the calculation of transportation emissions, they do influence the emissions factor used to calculate total vehicle emissions.

Staff has tracked the change in EV ownership in Hayward over the years to observe any correlation between emissions reduction and EV adoption. The CAP includes actions to encourage transportation alternatives to single-passenger internal combustion cars, including EVs. The State of California provides EV registration data by zip code. Using this data, staff were able to compile the number of EVs owned and sold in Hayward from 2012 to 2023 (see Table 6). This data shows a steady increase in EV ownership in Hayward over the course of the past nine years, showing a 192% increase in ownership since 2012 and an 184% increase in EVs per capita.

Table 6: EV Ownership in Hayward

2012 2015 2018 2019 2020 2021 2022 2023
EV Ownership 31 368 956 1,327 1,661 2,285 3,509 5,779
Population 149,078 160,244 159,603 160,197 162,079 159,986 160,699 159,770 EV per Capita 0.0002 0.002 0.01 0.01 0.01 0.01 0.02 0.04

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VMT (in millions)
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Passenger Commercial Bus BART Airport VMT

Figure 9: EV Ownership in Hayward

Hayward Executive Airport Emissions
This 2023 inventory includes emissions from the Hayward Executive Airport, but airport emissions data for past years is not yet available. Table 7 provides total operations and emissions by aircraft type. Operations refers to the total number of landings and takeoffs.

Table 7: Hayward Executive Airport Emissions in 2023
Single
Piston
Multi
Piston Turbine Jet Helicopter Other Total
Operations 98,198 6,370 3,918 8,332 5,757 26 122,601
Total
Emissions
(MT C02e)
1,000 123 793 1,686 1,165 5.3 4,779
Emissions
(MT C02e)
per
Operation

0.01 0.02 0.2 0.2 0.2 0.2 0.04

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EVs
EVs Owned

Table 8: Hayward Executive Airport and Community-wide Emissions 2023 Airport and Community-wide Total Emissions (MT CO2e) Airport Emissions 4,779
Community-wide Emissions 628,050
Community-wide Emissions + Airport 632,829
Airport Emissions as % of Community-wide Total 0.76%

Staff presented the 2023 airport emissions data to the Council Infrastructure and Airport Committee on January 29, 20257. Committee members asked about comparing aircraft emissions to those of passenger cars. According to the U.S. EPA, a typical passenger vehicle emits about 4.6 metric tons of carbon dioxide per year based on an average fuel efficiency of 22.2 miles per gallon.8 Burning one gallon of gas to travel 22 miles emits approximately

8.9 kilograms of CO2. This compares to approximately 10.1 kg of CO2 per operation for a single piston aircraft and approximately 201.5 kg of CO2 per operation for a jet aircraft.

When comparing airport emissions to those from gasoline-powered landscaping equipment including lawn mowers, leaf blowers, landscaping equipment caused approximately 3,508 metric tons of CO2e compared to 4,779 from the airport in 2023.

In response to staff’s comment that bio-based jet fuels should be available soon, the Committee asked that when it is made available, it should be promoted in the City’s Leaflet newsletter.

Off-road Vehicles Sector
Off-road vehicles include equipment used in construction, commercial, and industrial activities. Over the years, off-road emissions have accounted for more of the total community-wide emissions, rising from 1.5% in 2005 to 5.9% in 2023. Emissions in this sector have steadily increased since 2005 by 149% due to increased construction and industrial activities. The large increase in emissions from 2021 to 2022 is partially due to the addition of data for some equipment categories. Notably, lawn and garden equipment data were added to the inventory in 2022 to improve the accuracy of the inventory and provide a more comprehensive report. As noted in the previous section, lawn and garden equipment caused approximately 3,508 metric tons of CO2e. As of January 1, 2024, small gasoline-powered engines for lawn and garden equipment cannot be sold in California. This year off-road emissions have decreased from 2022 to 2023 by 7%, possibly due to the ban.

7 https://hayward.legistar.com/View.ashx?M=E1&ID=1277412&GUID=3C831A8A-5746-47A6-808E-85B70F34C517 8 https://www.epa.gov/greenvehicles/greenhouse-gas-emissions-typical-passenger-vehicle

Table 9: Off-Road Emissions
2005 2010 2015 2019 2020 2021 2022 2023
Offroad
Emissions
(MTCO2e)
14,889 17,004 27,267 24,287 27,976 23,408 39,646 37,006 % change
from
previous
year
N/A 14% 60% -11% 15% -16% 69% 7%
Total
Hayward
Emissions
966,828 875,368 829,301 678,440 558,853 620,309 641,228 628,050 % of total 1.5% 1.9% 3.3% 3.8% 5% 3.8% 6.2% 5.9%

Solid Waste Sector
Solid waste emissions in 2023 were 36.1% below 2005 levels. After several years of increasing emissions, likely due to increased economic activity, emissions decreased from 2019 to 2021 but are now slowly beginning to rise again (see Table 10). The decline in solid waste tonnage in 2020 and 2021 can be attributed to reduced economic activity during the pandemic. In early 2022, SB 1383 took effect, requiring residences and businesses to sort and separately collect food scraps, yard debris, and food-soiled paper from trash and recycling, as well as subscribe to an organic waste collection service. It is likely too early to see the full impact of SB 1383 in this inventory, but staff expects to see reductions in the tons of solid waste sent to landfill and associated emissions in future inventories.

Table 10: Solid Waste Sector GHG Emissions

2005 2015 2018 2020 2021 2022 2023 %
Change
Solid
Waste
Sent to
Landfill
GHG
Emissions 50,924 38,148 52,209 34,628 32,011 32,141 32,537 -36.9% Tons of
Solid
Waste
173,908 136,261 185,432 122,375 113,038 113,498 113,746 -34.7%

Figure 10: Solid Waste Sector GHG Emissions

Water and Wastewater Sector
Water and wastewater emissions in 2023 were 57.1% below 2005 levels. As shown in Table 11, water consumption decreased significantly from 2010 to 2015. This is likely due to drought periods, state-mandated reductions, requests from the San Francisco Public Utilities Commission, increased public awareness, and the City’s water conservation programs.

0 10000
20000
30000
40000
50000
60000
2005 2010 2015 2017 2018 2019 2020 2021 2022 2023
MTCO2e
Emissions from Solid Waste Sent to Landfill

Table 11: Water and Wastewater Sector GHG Emissions 9
2005 2010 2015 2019 2020 2021 2022 2023 %
Change
Water
Consumption
(Billions of
gallons)

7.335 7.120 4.697 5.018 5.227 5.095 4.953 4.754 - 35.2% Wastewater
Processed
(Billions of
gallons)

5.009 4.539 3.824 4.218 3.850 3.819 3.860 4.548 - 9.2%
Total
Emissions
(MTCO2e)
4,716 4,340 3,518 2,700 2,506 2,164 1,981 2,074 - 56.0% Residential
Water
Consumption*
(Billions of
gallons)

3.534 3.180 2.963 2.692 2.897 2.779 2.704 2.631 - 25.6% Hayward
Population 140,305 146,296 160,244 164,029

162,079

159,986 160,699 159,770 13.9%
Per Capita
Residential
Water
Consumption
(gal)/day
69 60 51 45 49 48 46 45 - 34.8%
*2005 residential consumption water data unavailable, used 2008 data

9 Annual Survey (bawsca.org)

Figure 11: Water and Wastewater Sector GHG Emissions

Limitations of this Inventory
The City’s GHG inventory was originally designed by ICLEI and its partners in the early 2000s. The focus has always been on measuring emissions from the data sources that are most readily available, such as utility data. While this approach is practical, it comes with limitations.

Due to the limited influence of the City on certain activities, inventories completed omit large sources of emissions such as upstream emissions of goods consumed in the City. For example, emission reductions from green purchasing policies would not be reflected in the current inventory. Additionally, emissions associated with the production and transport of food are one of the largest contributors of GHG emissions worldwide, but it is not reflected in Hayward’s inventory.

Upstream emissions are not included because it is difficult to obtain data on consumer consumption patterns in Hayward. According to current guidance, consumption-based emissions inventory should not be a substitute for citywide inventories, but as a complement10. Staff will continue to monitor the newest consumption-based inventory methods and explore creating a consumption-based inventory for Hayward as data and modeling become more readily available.

10 https://sustainableconsumption.usdn.org/climate/cbei-guidebook/cbei-basics 0 500
1000
1500
2000
2500
3000
3500
4000
4500
5000
2005 2010 2015 2017 2018 2019 2020 2021 2022 2023
MTCO2e
Water and wastewater

The COVID-19 pandemic significantly impacted GHG emissions in 2020 and 2021. While emissions were expected to continue to rise in the years following, the 2023 inventory shows that emissions held consistent with 2021 emissions. It is likely that we are not seeing the rebound we expected due to the increased hybrid and remote work options and economic impacts following the pandemic.

ECONOMIC IMPACT

There is no economic impact associated with the completed inventory. However, the information acquired from the inventory provides insight on what needs to be done to meet the City’s GHG reduction goals. Meeting the City’s ambitious GHG reduction goals will require significant investment throughout the community and has the potential to create new local jobs, however some necessary improvements are not currently cost-effective.

FISCAL IMPACT

The 2023 GHG inventory was prepared by City staff and resulted in no cost to the City beyond already budgeted staff positions.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice. This item is not specifically related to a project identified in the Strategic Roadmap. However, this agenda item does help track progress of projects identified in the Strategic Roadmap, such as:

Project CP1: Implement Year 1 Programs from the adopted GHG Roadmap

SUSTAINABILITY FEATURES

Meeting GHG reduction goals is the primary objective of the City’s Climate Action Plan.

Meeting the goals will require reducing emissions in every sector and will entail improving energy efficiency in buildings, decarbonizing buildings, increasing the use of renewable energy, and reducing vehicle-related emissions. All these actions will result in cleaner air for Hayward residents and for the region.

PUBLIC CONTACT

No public contact has been made for this item.

NEXT STEPS

Staff will continue to work with Ava Community Energy, StopWaste and regional agencies to identify potential opportunities to streamline GHG inventories on a county or regional level, with the goal of maintaining annual reporting.

Prepared by: Stephanie Dumont, Sustainability Specialist Ava Samuels, Sustainability & Climate Action Fellow
Erik Pearson, Environmental Services Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________
Dr. Ana M. Alvarez, City Manager